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HomeMy WebLinkAboutAgenda Packet - 2000-09-18 PM PLANNING DEPARTMENT FILE DEVELOPMENT REVIEW COMMISSION AGENDA PACKET SEPTEMBER 18, 2000 o`{o,LAKE osivt 0 City of Lake Oswego illihr Develo ment Review Commission t:= � Monday, September 18, 2000 7 p.m. OREGO$ Marylhurst Conference Center Commons Building (Room C-106) Members: 17600 Pacific Highway Julie Morales,Chair Lake Oswego, OR 97034 Nan Binkley, Vice Chair Doug Cushing Douglas Kiersey For Information: 635-0290 Sheila Ostly Bruce Miller Dave Powers Agenda This meeting is in a handicapped accessible location. For any special accommodations, please contact Janice Bader at 635-0297,48 hours before the meeting. I. CALL TO ORDER Agenda Book * II. ROLL CALL III. APPROVAL OF MINUTES • August 7, 2000 IV. APPROVAL OF FINDINGS, CONCLUSIONS AND ORDER V V. PUBLIC HEARING LU 99-0060,an application by Hallmark Inns and Resorts for approval of a major modification of an earlier Development Review Permit(DR 1-93) in order to modify condition B(2). The applicant intends to eliminate a pedesrian accessway from Hallmark Drive to Collins Way to construct a fence along the west property line. The site is located at: 15455 Hallmark Drive, Tax Lot 9400 of Tax Map 21E 8CB. Staff coordinator is Hamid Pishvaie. Continued from the 9/6/00 DRC meeting. LU 00-0069, a request by Schollander Development, to modify PD 3-97 (Bergis Farm Estates Planned Development) in order to divide Lot 3 (40,931 square feet) into two parcels. Parcel 1 is proposed to be approximately 16,000 square feet in area and Parcel 2 is proposed to be approximately 24,930 square feet in area. The site is located at Bergis Farm Drive,Tax Lot(s) 300 of Tax Map 21E 15BD. Staff coordinator is Elizabeth Jacob. LU 00-0073 1AP 00-131, apla ' •• • ' ss-1 i . g ton, for approval of a tree removal permit to remove one tree,a 2l-inc L,;1 s " i i IP: 4. t the existing dwelling and construct a new driveway. The tree is loca i� V�;; t ; .' r 1 . T'C 00-0318]. The site is located at: 650 10th Street,Tax Lot 5300 of Tax Map 21 E03CA. The staff coordinator is Sandy Ingalls. LU 00-0074 IAP 00-141, an application by Lois Moore, for approval of a tree removal permit to remove III two trees, a Pine and Birch, approximately lunches each. The trees are located near the front of the dwelling [TC 00-0328]. The site is located at: 48 Oriole Lane, Tax Lot 4600 of Tax Map 1 S 1 E32DB. The staff coordinator is Sandy Ingalls. • LU 00-0049, a request by Preferred Homes to modify LU 99-0066 (a tree removal request for 14 trees) in order to modify condition of approval A(2),as follows: • To reduce the required tree protection zone from 10-feet to a minimum of 5-feet. • • To remove protected tree#9, a 14"Big Leaf Maple in order to construct a new single-family dwelling. The site is located at: 15199 Lily Bay Court,Tax Lot 7100 of Tax Map 21E 9BD. The staff coordinator is Sandy Ingalls. VI. GENERAL PLANNING & OTHER BUSINESS VII. ADJOURNMENT • • 'P STAFF REPORT • CITY OF LAKE OSWEGO PLANNING DIVISION APPLICANT: FILE NO: Schollander Development Co. LU 00-0069 PROPERTY OWNER: STAFF: Schollander Development Co. Elizabeth Jacob LEGAL DESCRIPTION: DATE OF REPORT: Tax Lot 300 of September 8, 2000 Tax Map 21E 15BD DATE OF HEARING: LOCATION: September 18, 2000 • 17345 Bergis Farm Drive NEIGHBORHOOD ASSOCIATION: COMP. PLAN DESCRIPTION: McVey-South Shore Neighborhood Assoc. R-15 ZONING DESIGNATION: R-15 I. APPLICANT'S REQUEST The applicant is requesting approval to modify PD 3-97 (Bergis Farm Estates Planned Development) in order to divide Lot 3 (40,931 square feet) into two parcels (Exhibit 9). Parcel 1 is proposed to be approximately 16,000 square feet in area and Parcel 2 is proposed to be approximately 24,931 square feet in area (Exhibits 3 and 5). The maximum allowed density for the entire planned development is 24 lots. The proposed partition will increase the approved density in the planned development from 14 lots to 15 lots, which represents 62.5% of the allowed density. The existing home will be retained on Parcel 1. II. APPLICABLE REGULATIONS • A. City of Lake Oswego Comprehensive Plan: Goal 1: Citizen Involvement Policies Goal 2: Land Use Planning Policies LU00-0069 Page 1 of 12 Goal 5: Open Space, Scenic, Historic,Natural Resources Goal 6: Air, Water, Land Resources Quality Goal 7: Areas Subject to Natural Disasters and Hazards • Goal 8: Parks and Recreation Goal 10: Housing Policies Goal 11: Public Facilities and Services Goal 12: Transportation Goal 13: Energy Conservation B. City of Lake Oswego Zoning Ordinance (LOC Chapter 48): LOC 48.02.015 Definitions LOC 48.02.045 Official Action LOC 48.02.105 Revocation of Approval LOC 48.06.195 - 48.06.225 R-15 Zone Descriptions LOC 48.18.470 - 48.18.490 Planned Development Overlay LOC 48.20.530(2) Vision Clearance LOC 48.26.700(1) Non-Conforming Use, Structure Defined C. City of Lake Oswego Development Code (LOC Chapter 49): LOC 49.16.015 Definitions LOC 49.16.020 -49.16.030 Application of Code, Planning Director Authority, Fees • LOC 49.16.035 Development Permit Required LOC 49.16.040 Development Permits Restricted LOC 49.20.115 Major Development LOC 49.22.200 Burden of Proof LOC 49.22.205 Development Standards LOC 49.22.220 Review Criteria for Major Developments LOC 49.22.225 Conditions of Approval LOC 49.30.500 -49.30.510 Application Requirements LOC 49.36.700-49.36.720 Application Procedures LOC 49.40.800 Review by Planning Director LOC 49.44.900- 49.44.920 Review by Hearing Body/Notice of Public Hearing LOC 49.46.1000 -49.46.1035 Hearings Before Hearings Body LOC 49.58.1400 -49.58.1430 Compliance with Approved Permit D. City of Lake Oswego Development Standards: 5.005 - 5.020 Street Lights 6.005 - 6.040 Transit System 7.005 - 7.040 Off-Street Parking, Loading and Bicycle Access 8.005 - 8.040 Park and Open Space • 9.005 - 9.040 Landscaping, Screening and Buffering 11.005 - 11.040 Drainage Standard for Major Development 14.005 - 14.040 Utilities LU00-0069 Page 2 of 12 16.000 - 16.040 Hillside 18.005 - 18.040 Access • 19.005 - 19.040 On-Site Circulation -Driveways and Fire Access Roads 20.005 - 20.040 On-Site Circulation—Bikeways, Walkways and Accessways E. City of Lake Oswego System Development Charges (LOC Chapter 39): LOC 39.02.031 System Development Charge Established LOC 39.06.081 Collection of Charge LOC 39.06.105(2) Exemptions, Reductions and Waivers F. City of Lake Oswego Tree Ordinance (LOC Chanter 55): LOC 55.02.035(1) and(2) Tree Removal in Conjunction with Development LOC 55.02.080 Criteria for Type II Permits LOC 55.02.084 Mitigation Required LOC 55.08.020 Tree Protection Plan Required LOC 55.08.030 Tree Protection Measures Required G. City of Lake Oswego Solar Access Ordinance (LOC Chanter 57): • LOC 57.02.005 Definitions LOC 57.04.015 Applicability LOC 57.04.020 Design Standards LOC 57.04.035 Protection from Future Shade LOC 57.06.050—57.06.085 Solar Balance Point Standard H. Previous Action: PD 3-97 III. FINDINGS A. Existing Conditions: 1. The site consists of Lot 3 of a 14-lot planned development approved by the Development Review Commission in 1997 (PD 3-97, Exhibits 11 and 12). Lot 3 (40,931 square feet) is proposed to be divided into two parcels (Exhibits 3 and 5). Parcel 1 is proposed to be approximately 16,000 square feet in area and Parcel 2 is proposed to be approximately 24,931 square feet in area. • The existing house was retained on Lot 3 and is proposed to remain at this time. Utility laterals were provided at the time of the infrastructure construction to serve a future partition of Lot 3 (Exhibit 5a). L000-0069 Page 3 of 12 2. Access to the site is provided from Bergis Farm Drive, a cul-de-sac off of Cornell Street, a neighborhood collector. 3. As illustrated on Exhibit 4,the site contains numerous trees along the north S boundary of the proposed Parcel 2 and south of the existing house on the proposed Parcel 1. The property slopes to the northeast and southeast from a high point near the house(Exhibit 4). B. Compliance With Criteria for Approval: As per LOC 49.22.200,the applicant for a development permit shall bear the burden of proof that the proposal complies with all applicable review criteria or can be made to comply with applicable criteria by imposition of conditions of approval. The applicant has provided substantial evidence to enable staff to perform a thorough evaluation to determine compliance with applicable criteria, listed on pages 1-3 of this report. The original development was appropriately reviewed as a Major Development as prescribed by LOC 49.20.115(2)(f). LOC 48.18.490 prescribes that minor changes in a planned development approval may be approved by the City Manager providing such change does not increase the intensity of any use or the density of residential uses. Because the proposed partition will increase the density of the original development (PD 3-97), the partition must be processed as a new application, subject to the public hearing process. • In addition to the substantial information and a complete application as illustrated in the exhibit section of this report, the applicant has also complied with all neighborhood notification and meeting requirements(Exhibit 10). The City has provided adequate public notice and opportunity to comment on this application as required by ORS 197.365(2)-(3). No written comments have been received from neighborhood citizens. Per LOC 49.22.220(1), for any major development application to be approved, it shall first be established that the proposal complies with: a. Any applicable regulatory policies of the Lake Oswego Comprehensive Plan; Applicable policy groups listed on pages 1 and 2 of this report are summarized in the applicant's narrative (Exhibit 9) and were thoroughly addressed during the review and approval of the original planned development (PD 3-97). Staff finds that the proposed partition will not preclude continued compliance with these policies. • LU00-0069 Page 4 of 12 b. The requirements of the zone in which it is located; 1. R-15 Low Density Residential Zone • LOC 48.06.205 -Maximum Density The development density is determined by dividing net developable acreage by the minimum lot area requirement in the R-15 zone (15,000 square feet). Based on the above analysis, the potential density of the planned development site is 24 lots. As Exhibit 5 illustrates,the partition will create a fifteenth lot, which is approximately 62.5% of the allowable density on site; therefore, meeting the requirement of this standard. LOC 48.06.210 - Lot Size, Lot Dimensions The minimum lot size requirement in the R-15 zone is 15,000 square feet, and the minimum lot dimensional requirements are 80 feet for lot width at building line and 100 feet for lot depth. As discussed under the provisions of the Planned Development Overlay District [LOC 48.18.476(2)], lot dimensions may be adjusted. The applicant is proposing to reduce the lot width at the building line from the required 80 feet to approximately70 feet for the proposed Parcel 2. Staff notes that this reduction will not affect the ability to meet the required setbacks or lot coverage nor minimize the sense of privacy on the adjacent lots. • LOC 48.06.215 - Setbacks and LOC 48.06.225 - Lot Coverage The setbacks of the underlying R-15 zone were adopted at the time of the Planned Development approval (Exhibits 11 and 12). Although allowed by the Planned Development Overlay District [LOC 48.18.476(2)], the applicant is not requesting any special setbacks or lot coverage exceptions for either of the proposed parcels. Exhibit 6 illustrates that the existing house on the proposed Parcel 1 is located approximately 12 feet from the westerly property line (rear yard). The westerly property line should be designated the rear lot line since by definition, the front lot line is the lot line separating the lot from the street [LOC 48.02.015]. This pre- existing condition is considered to be non-conforming as the house was constructed in approximately 1925, prior to annexation to the City and subject to zoning regulations [LOC 48.26.700(1)]. To ensure consistency with the planned development approval, the following setback,height and lot coverage standards should be noted on the final partition plat: Front 25 feet Rear 30 feet Street Side 15 feet • Other Side 15 feet Lot Coverage 25% LU00-0069 Page 5 of 12 LOC 48.06.220 - Height of Structures • As required by the Code,the maximum height of structures shall be 35' (on flat or sloped lots). Compliance with this standard will be assured at the time of issuance of • building permits. 2. Planned Development Overlay [LOC 48.18.470 -48.18.490] Lot 3 is subject to the requirements of the original planned development approval (PD 3-97, Exhibits 11 and 12). LOC 48.18.490 prescribes that minor changes in a planned development approval may be approved by the City Manager providing such change does not increase the intensity of any use or the density of residential uses. Because the proposed partition will increase the density of the original development (PD 3- 97), the partition must be processed as a new application, subject to the public hearing process. The applicant's narrative discusses the applicability of the requirements of the original planned development approval relative to the creation of the new parcel (Exhibit 9). As briefly discussed under the lot dimensional standards above (LOC 48.06.210),the Planned Development Overlay District allows the adjustment of lot dimensions if the adjustment provides the same or a better sense of privacy, appropriate scale and open space as a PD designed in compliance with the standard [LOC 48.18.476(2)]. The applicant is proposing to reduce the lot width at the building line from the required 80 feet to approximately 70 feet for the proposed • Parcel 2. As can be determined from Exhibit 3, if the 130-foot long southerly property line were extended in a straight line to the street,the lot would measure 180 feet wide. However, lot width is measured parallel to the curvature of the front property line, 25 feet from the property line. Staff notes that the common property line between the two proposed parcels could probably be adjusted so that the 80-foot width requirement would be met for both lots, but finds that adjusting the line would minimize the area and create a more irregular shape for Parcel 1. Staff notes that the requested reduction in lot width will not affect the ability to meet required setbacks or lot coverage for construction of a house on the site nor will it minimize the sense of privacy for the adjacent lots. Proposed Parcel 2 will remain the largest lot in the development by almost 9,000 square feet. Granting the exception will not impact natural resources or reduce the approximately 22 percent open space designated by the original PD approval. Staff recommends approval of the lot width exception for Parcel 2 on the basis of this analysis. 3. Supplementary Provisions LOC 48.20.530 - Vision Clearance Per this standard, no sign, fence, hedge, shrubbery, natural growth or other • obstruction to view higher than 30 inches shall be permitted. There is no driveway into the property at the current time, although there is one curb cut. Location of LU00-0069 Page 6 of 12 potential accesses onto the street will not preclude compliance with this standard for . the two proposed parcels. IIIc. The Development Standards applicable to major developments; The Building Design Standard does not apply to major development involving single family detached houses as proposed. There are no stream corridors, wetlands or floodplains on the site; therefore,these standards are not applicable. Street Lights - (5.005 - 5.040), Transit - (6.005 - 6.040), Park and Open Space - (8.005 - 8.040), Hillside Protection- (16.005 - 16.040), On-Site Circulation—Bikeways, Walkways and Accessways- (20.005 - 20.040) were satisfied during the approval and construction of the original planned development (PD 3-97, Exhibits 11 and 12). The applicant's narrative (Exhibit 9) and plans illustrate substantial compliance with the applicable standards. The proposed partition of Lot 3 will not require additional performance to meet these standards. Off-Street Parking, Loading and Bicycle Access - (7.005 - 7.040) This standard requires that each single-family dwelling unit provide one off-street parking space. Each of proposed lots are of sufficient size to accommodate the parking space (Exhibits 2 and 5). Compliance with this standard will be assured upon application for any building permit requested subsequent to this application. III Landscaping, Screening and Buffering- (9.005 - 9.040) This standard requires that street trees be provided on all abutting streets. According to the approved PD 3-97 landscape plan(Exhibit 7), four 2"minimum caliper Pyrus calleryana, `Redspire Pear' are to be provided along the frontage of the existing Lot 3. If the proposed partition is approved, four street trees, per the approved PD plan, should be provided along the frontage on both parcels prior to a final inspection for the first building permit on either parcel. Drainage for Major Development-(11.005 - 11.040) As illustrated on Exhibit 5a, the as-built drawings, a service lateral for the storm drain system was provided during the construction of the original planned development. The detention pond in Tract A was constructed to adequately handle additional flow that might result from the creation of an additional lot. Compliance with this connection will be reviewed during the building permitting process for either parcel. Utilities - (14.005 - 14.040) As discussed in the narrative (Exhibit 9) and illustrated on the as-built drawing (Exhibit 5a), all required utilities for the planned development were installed by the • site developer in compliance with City standards. The proposed Parcel 2 will connect to these existing utility lines. The existing home's septic system was abandoned and the house was connected to the sanitary sewer line at the time of the infrastructure construction. City records indicate the existing home was also connected to City L000-0069 Page 7 of 12 water service. Well abandonment procedures are regulated by State rules that stand apart from the City's Development Code. • The engineering staff has reviewed the partition proposal and finds that it complies S with all relevant engineering standards of approval. Access - (18.005 - 18.040) As illustrated on Exhibits 1 and 3,both proposed Parcels 1 and 2 will exceed the minimum 25' frontage requirement to a public street. The standard also prohibits direct permanent access to an arterial street where an alternate access is available. Access will be to Bergis Farm Drive,a local street(Exhibits 1 and 3). This standard is met. On-Site Circulation - Driveways and Fire Access Roads - (19.005- Y 19.040) This standard is applicable to all development proposing a new use or an increased use on a site when the development will result in the construction of or increased use of driveways or parking lot aisles. This standard prescribes that driveways to single- family dwellings not exceed a maximum of 20 percent grade at any point along the derivable surface, nor a five percent cross slope [LODS 19.025(5) and(14)]. There is no existing driveway to Lot 3, although there is a curb cut. As illustrated by the grading plans (Exhibit 4), Lot 3 is higher than the street grade. However, there is sufficient room to construct both driveways to meet this standard. Compliance with • the standard will be reviewed during the building permitting process. This standard also prescribes dimensions for fire access roads. A 12-foot wide fire access road was constructed as an alternate access for emergency vehicles at the terminus of Bergis Farm Drive as part of the site development (Exhibits 1 and 8). The Fire Marshal now comments that the emergency access for ingress and egress needs to be corrected. The current barriers are 4"X4" bollards that are supposed to slide out of the ground for access. These frequently get jammed by mud and dirt and will not come out. The Fire Department requires break away barriers that can be knocked over easily without damaging the truck bumpers. There are several options that the owner/developer should review with the Fire Marshal to correct the existing conditions. d. Any additional statutory or Lake Oswego Code provisions which may be applicable to the specific major development, such as; City of Lake Oswego Tree Ordinance (LOC Chapter 551 This ordinance is intended to preserve trees. Only those trees which must be removed in order to site proposed improvements will be granted tree cutting • permits [LOC 55.080(2)]. All trees over five caliper inches in diameter measured 4-1/2 feet above grade require a tree cutting permit. Exhibits 4 and 6 illustrate the location of existing trees on Lot 3,as documented by a survey conducted for the L000-0069 Page 8 of 12 original PD application. No trees are required to be removed in conjunction with the subject application. • Staff noted in a site visit that several of the very large deciduous trees, particularly those between the existing house and the street, are in extremely bad condition and will ultimately need to be removed. A 30-inch cedar and another 36-inch deciduous tree located in an area where a driveway might be located are also in poor-to-bad condition. During the building permitting process,the developer/owner shall be required to submit a tree removal application along with a tree protection plan for the review and approval of staff, as prescribed by LOC 55.08.020 and 55.08.030, prior to conducting any development activities, including excavation or demolition. Tree protection measures shall be required for all trees being preserved and mitigation shall be required for all trees being removed (LOC 58.02.084). City of Lake Oswego Solar Access Ordinance (Chanter 57): The Solar Access Ordinance requires that all development in the R-15 zone be designed so that at least 80% of the lots will be solar lots, as per LOC 57.04.020. As discussed in the narrative (Exhibit 9), both proposed parcels will meet the Basic Requirement by exceeding a north-south dimension of more than 90 feet and by • having an east-west axis within 5 degrees of true east-west. The solar lots shall be identified on the final plat. A note shall also be provided on the final partition plat, or on a document recorded with the plat, binding the owner/developer and subsequent purchasers to comply with the future shade protection standards in LOC 57.04.035. e. Any conditions of approval imposed as part of an approved ODPS or prior development permit affecting the subject property. To staff's knowledge, conditions imposed by the prior approval of PD 3-97 (Exhibits 11 and 12) have been met for the infrastructure and lots that have been constructed upon, except for the correction that needs to be made for the bollards at the fire accessway in Open Space Tract C. Notes provided on the final plat for PD 3-97 that are applicable to the proposed Parcels 1 and 2 shall be referenced as notes on the final partition plat. IV. CONCLUSION Based upon the information provided by the applicant and findings presented in this report, staff concludes that LU 00-0069 can be made to comply with all applicable criteria for 111 approval by the application of conditions of approval. LU00-0069 Page 9 of 12 V. RECOMMENDATION Staff recommends approval of LU 00-0069, subject to the following conditions: • A. Prior to Approval of the Final Partition Plat, the Applicant/Owner Shall: 1. Submit a final plat [dimensioned as depicted in Exhibit 2 and referencing this land use application-- City of Lake Oswego Department of Planning and Development, File No. LU 00-0069] to City staff for review and signature of approval within one year of the date of this decision. Upon written application,prior to expiration of the one year period, the City Manager shall, in writing, grant a one-year extension. Additional extensions may be requested in writing and must be submitted to the City Manager for review of the project for conformance with current law, development standards and compatibility with development that may have occurred in the surrounding area. The extension may be granted or denied and if granted, may be conditioned to require modification to bring the project into compliance with then current law and compatibility with surrounding development. 2. Register the final plat with the Clackamas County Surveyor's office and record the plat with Clackamas County Clerk's office, within 30 days of receiving its signature of authorization by the City. 3. Provide the following notes on the final plat: a. Parcels 1 and 2 are subject to setbacks, lot coverage and building height as follows: Front 25 feet Rear 30 feet Street Side 15 feet Other Side 15 feet Lot Coverage 25%maximum Height 35 foot maximum (flat or sloped lot) b. Parcels 1 and 2 are subject to the Plat Restriction Notes 1, 2, 3, 4, 5, 8, 9 and 10 of the Bergis Farm Planned Development, Clackamas County Plat No. 3401 (Exhibit 8) c. Parcels 1 and 2 are Solar Lots. Development of structures or planting of non-exempt vegetation on Parcels 1 and 2 shall comply with the Solar Balance Point provisions of the Solar Access Ordinance [LOC 57.06.050—57.06.090]. The requirements shall be binding upon the applicant and subsequent purchasers of Parcels 1 and 2. • LU00-0069 Page 10 of 12 B. Prior to Issuance of any Building or Grading Permits for either Parcels 1 or 2. the Applicant/Owner Shall: 411 1. Incorporate the recommendations of the geotechnical investigation by Carlson Testing, Inc. (Exhibit 13 of the original PD 3-97 file) into the construction specifications and erosion control plan. 2. Illustrate the location, specie and size of a minimum of four street trees along the frontage of Parcels 1 and 2. The street trees shall be 2"minimum caliper Pyrus calleryana, `Redspire Pear'. All plant material shall have a one-year guarantee. 3. Submit a tree removal plan and a tree protection plan prepared by a certified arborist that recommends the location of tree protection fencing (six-foot tall chain link fence) and measures to minimize construction impacts within 15 feet of any trees being preserved. 4. Obtain a tree cutting permit for all trees 5" or greater in diameter, as approved by Condition B(3),above. C. Prior to Any Grading or Construction Activity on Either Parcel, the Applicant/Owner Shall: 1. Install tree protection measures as required by Condition B(3), above. • D. Prior to Re ceiving Final Building Inspection Approval for Construction on Either Parcel 1 or 2, the Applicant/Owner Shall: 1. Install all street trees as required by Condition B(2), above. E. Miscellaneous 1. The permit or approval granted hereby, or any inspections conducted on the site hereafter, shall not be construed as authorizing any activity in violation of any applicable federal or state law or regulation, including but not limited to the federal Endangered Species Act and its regulations. EXHIBITS 1. Tax Map • 2. Site and Vicinity Map (Fig. 1) 3. Proposed Partition (Fig. 5) • 4. Site Plan Illustrating Existing Topography and PD Grading Plan (Fig. 2 & 5) 5. Existing Utilities (Fig. 4) 5a. As-Built Drawings Illustrating Existing Utilities and Future Connectors LU00-0069 Page 11 of 12 6. Site Survey Illustrating Location of Existing House and Trees (Fig. 3) 7. Street and Street Tree Plan (Fig. 5) • 8. Excerpts from Partition Plat and Plat Notes • 9. Applicant's Narrative 10. Neighborhood Meeting Minutes, dated 3/14/2000, and Notice Documentation (Appendices D-G) 11. Findings, Conclusions and Order for PD 3-97 12. Staff Report for PD 3-97 (without exhibits) 13. Amendments to the Declaration of Covenants, Conditions and Restrictions Date of Application Submittal: July 6, 2000 Date Application Determined to be Completed: August 25,2000 State Mandated 120-Day Rule: December 23, 2000 • • LU00-0069 Page 12 of 12 • SC4,L, i' = !co' • • _1, SEE MA Pi lb. � , � v , . CO IN( i PING � y 20r,.1,� 100 ISOO f� A r N \a. y� j4/ 1900 " , TR ACT A 2 izs.os Boa '� h 84'2- SITE y ERGS 3FARN1 CDR - B J^ ° 'f � 13/� z9/A `s ;it S b 7416 "! 1\\ < (/( 130 I400 ; 17000. '\ q I4,.13 \ a.v n'e ad 1 it S 1100 °� Q:I o. N. 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O POSED ..11 PLAT NO. 93611 L� 3 (�E�z.C�s FARMS 5�i8D1 ViS/0I'`l W (FI w PLAT of 8EP-t 5 FARM 8At111S I s ' ) 540.97' , A ;�g INITIAL POINT IS85.20'orw I 130 38 150.00 cn FOUND 3/4" I.P. - i I �� :�... �'� 195.00 F1 3 I` `'to' PUE 2 0 al 15,989 S.F. ?Roeo6 21 15,133 S.F. z ^ 6 • Pg2LEG_ 7'�,.>O o �I 6 r 1' z 6' STE z Z�, 900 5,F. 6' PUE\ 6' STE _ ('N -�1 --128.05 . 4g.28 .-- �--84.12 v 3 '-C14� • $ 04'38'47'E S85'21'13"W 297 -� 18.74 280.99 g 41,031 S.F. / • - • _ 130� STE` ��w�, gERG1S FARM DRIVE31.50_ 3 k - 049 9 -76.26- --- - -16' PUE / p jo PoSEQ / Tw. ?iliac one c'7 M =� ^v ��OaD 5.` / �41 1 16,563S.F. r z.b 15,812 S.F. • N 6T21'06"E 18.60 S 6721'06 W 15' 9.79 rn 130.83 • I f N Sri->-••111111`"-S85'21'13'W n \ N8644'ITE N- � • •moo, "6."1 r E - - - - <; 127.02 ='+`•• r. •,r 139.90 N 89%11'00"E '~ L' I ow-S 89'41'00"W 15' PSSE 18.75 ?:7_...,1„ : Q0� 9.79 4 t111 11 15,185 S.F. 6' STE N 20' 20' 12 N 16,284 S.F. N VCE 15,358 S.F. 6' PUE & PRIVATE ACCESS At \J SEE EASEMENT 6' STE \I_ I 0 O EASEMENT 145.18 0' NO. 3 SHEET 2 I N .t S85'21'13-* 6. STE �o w !�� LIMITS OF STE 40.00 c' S 44'S1'09"E� 9� ---108,42- - N85 'Ww 26.81 I • 21� b oo N. ` N8S21'1 M N8S21'13E4: 160__39 - �,,I"` 117.79 S o b 5 0 �'ot"w - 0-4' - .:-, 34.52 b r cr cn II 0 15,24& S.F. j 15.93 z $85^1�3W 15' PSOE ,0 .E'er 112.21-- }- N 33\.5 I o • c,`,\ )C 1 N 145.24 rn / \ N 2T49'351 EXHIBIT 3 \ 25.44 S85'21'13-14 ``' VCE LU 00-0069 �{ I SEE EASEMENT 6' / I 8I ' NO. 3 SHEET 2 III I o �i 1 1 b, ,„, .1 r-- r--: 9 p bo 6 IF- 20' 20' I 16,134 S.F. i •SS) 0 15,253 S.F. 1 I E . N8521'1 Fi`` " '; - 8. 40 c) b )11 I • / 6' PUE r - 1 l5 39 r) • A@. :urc, 3 • S • :% %.14 .__ • • • ir i -11: . .t... r vr.,,t.,•.s4 Irirre ___ . .•. . . . . ... ,..• '-,-' 4.::-,. ••••-':Al..... •ksl'•'11.•;;,,;* • .. . -------:•:-— -----•:•-•;-.-% ..-;',-.^-4,. •-i• • • •-•:ir --sturi!4•.--;:t; , .: • . . .... .• - ' •'•:.'S:,...--- . , . i • i . . . •s.f•:. "-- _____________ • -.-• -/---7 EX I 471.I tj Cla &NI> IT1 0 NIS . . .• ...,._ 4 . -7-7:40111.0*.'. . . , ' -:•-....-4"21: (FRom BeileAs FARtit SLAB . ‘ -:::,...!: ...• rt,ADIN4 PLiNki) - • • . .• ...:!..,;-..‹- • . . • .-,,,..::, :. . . • : ., .... ..., .• \ qk -, . \• \ - - - ... . l•• - • ,,,,,,z,.. _ . • • ..- .,...-.: or-‘ 7 ----„, • , ..,.:.,,-;. ,,,4;. 0• .::::::,-,z,-., if if • 1 ... , • • 2-:;)ir ii., fir. , . ....:,.,.. ..,.... i i:-23 SCUT • 1 I • ..,-..+. .....t . ,.. .._... . -......:.'4.•:‘.,-..' 1111 11111111 It( At ftlit,..1 • r&-P..:,.....,,,,,....ir,..,,.. • . :..,•... - " . . ::••••?:, ,,!. .. 4111.%.1r7 lin, .toriplIppriillIdt. _. ./..!Zi•- r 9 ill..^-14111-: II . Iligkit!V 4.14,41.1#41411r444 .7.:1=k f/Mi\li 4 - ! -.- • \ , ,37. • : . • .',.:.=;'1,•':,-.7;-.7!'...;' • la' st41901-11-----6---> ' iAlig Agg zit I , • i--,,,,,•,,: . - : , • . : Air -,.,?..1: . • - Ai'••!•;.--:. • _ -- 0...4. • .1 .. '-' ...Air- . . . ... . . . . . •....q.. ..nDIQO • .. I • "- --'...-)i.1--- 6,710/3 ... ....: • ,..- . ...1;..,;::: '06," . .. . 1101A56 . ' AY.-:..--• '• or . •• ..---,::4;:.: . V •:• :---.1-:•:- ;., -' -.4*vAil V. - IMF •-,./.,, - 1 • . .-1.%-4.4:: T.; ,,./---- if -4 v..° /114.191. :. p.m sraar son? I- .. --' - "-.:..--- 14.‘-:,• • i. .• aus •• r ,o '- •.-4...r .."-.- 'Cl ,r- . . sa a. "t " . :.•,:.*..r!.....:,-,- . ..:. .2.:• -fr ,,i,; • ,,,,,„.--t,„,,,____2,„,,,,,• . , . . 14-:"•', I, .ti /id ff." , .-s A ski • . x1,---..-:-• • • . •••• Nig!11.1 Mir j " ,y5, sr;,•—• 7:-T.:\;:.\\,\N -- - • • ...0-:•;•'• A, ) • . , .. Ai, if, .. ...._....,.; 1....1..: _ •,...,, ., Ale.. . ..,. _.......... ,,k,i• ..•:::•", .A t, . f."—----' -"--"--..---:----.-----•-•-"‘"-.. •••• k ••.--',•'-.,t '•'.-• ............• Agrirallir - 1 •-f 1.....,- V'•ri• :" - •- -:•.-.:i.i.t•'. ' . .- -----... 3....":1--------- ----: A, /-7\// .1-\- -• ;11--'..N. • . . .....„. . ,, .. .4..,„ •. i . _.,-, „,./ . :.,, •. ,. . ,, f I• NNC: -, 0 N r•P-aLt• I 0 0 N N A i V r. "--•,, i.-',5-:'.". ..4•,,,,...1 .1 "\1\144 ' 1 i cA.A ,r 1 • r ; - EXHIBIT 4 -- ,L--Aff-j 1 :..,,:,•,-.7-, • . imisim.,—j. r)- LU 00006:s r-, ...-7 .•' .; i' •.6r• . • e2 , . , %2Y-.:. . • - I. . •*.:11k, ... ..."7\ ..7\ . ... ' ' ..-`-- • . .. •••• • 0 .i-t';.;•C•'.:• aik jer • \I i, • :.-..: . .::-.6 tit..,•,, . 4-1 f t sr r i am-sIr fir s aim 1 -• €{L_ Cr e q:- 2 sar s11fT /. o r;4SLfS SiOFr .. r ,n sari. • 1 - p ill :: -.. It - • �— = ��o-axar ;r • I 1 Ar 560. - 1t� 174 4 • ,... i . . , . ) . ., . . . . . c N I _t � __�, [4 �r ,; S —75�1N19 SQFr d H. _.r. vtr�q, war 4 rS 90.fY g:i �--r— '. • tt,�� �+ tt�. t4 1` '.-T,i'1.ofi�ia+w s£ AsveNr ; r-w ( ;` 1xrJ9.61.5¢FL `� I 14fJ£9!SafL 4 �+ rf�l `/dQOZX SQfT. _ J. N V �• - ^ �._1 _ _ • S • 1414SEd SOFT / a J' sr sarr. ti• r___.--=— . i ' ,-m loi.sold ld s£*£R' • •• ::>tT . J.*:.H I .\.. /i ' .. ...... 1416088 50EL •i I • - -Sq Sco I I tigE7P. �. l5-ll 140* 11I •OPEN SPA. E / •rRACf A I fA,£ NT I • (pAC(A ./J - / ... — I ACGrb4. ..".C.:. 4.:71,:,.....',<'..t.1.."7:.t......:.7.,..,:.,...7.:.'., . ' '''......tr,%;?,:11;‘,.4s:-....,:.:;:::-..,..1w-c.-:z...1::::,... �\ • O 1H95' 119.67 [J95lIC HJpPNy -- 1 I 7 r 114 1 IM+ m cr a !l r_-- _-- , 1 1 I.� i 1 �Q 4 7910 IRA078 7 1�ro p.Sa cl , I 1� 1 15.[51.1550n. r 1;1 FII ?1 1.119015 st2f►. r __J I .cLrct1 Z. r 1 _� �-------- i' 14 1 n.as -t lid , 1 1 IQ9J[d/SOn. i 120A0.---- -- - rstowl'E i $ • � y r r"-- J6.7T ���. r�,.y, C, II e i ti 11,1 11 D 1 • F 4 o . /s!7.79 safr ii T Ycapoi� I [ $ \ $ 2. ;]1 I i a75r.09son J 1 r --ll o 52. `---1J5.73 1 �IOF •_' 1 0 1 Z. V • !J 1 4 ! O I 1 _• W is I e 5 d /x1J51615t2f7 t= v ,5,O02JOSofI. Z 1' •-/ , 1/4. ::::, -J 4:- /4 ‘' 1CtIJ9.9I5on a H zl _ V. ` ^ IL- - -14341.-- --- x I:o'• _-1 V-. L, W A r--- L_ 01' I _ a. � o 1..,did.. 10l.I t' 1_J l.. d y1151ANT OP!• _ -. 11 r wAp.';r _ 1 ---J0 FOOT Slow IEMER E/ r u I5,2186 SOFT. -r l- .1 . 1 yg L_--t/s.i1'---- o 5 f---- Q 8 °i JQ 40907 SOFT. I R° 15.517.9.1SOa I 7. IF w u I 1524531 S•OF. _ 1, L_. L---IT.IEr -r}y R EASEMENT _ __IOFOOTson, L------ � a li►y- ` _ I �� i r IrJ 9 $ it 10 l �, 1 1 15.91E.J5 San. / Y 16.26088 s0.n. I t o 41' i _ J i ` - 1 / _ J/sir `}, S� i ----rs9.+er srOSl twA'44 Sault I 1e. a I OPEN SPACE ►•• 40 —I SPACE I141C1A I0• Gim OPEN I'A. N NI 1 IRAC/A II - —— EXHIBIT 5 - - h rr- A7T_ �r r LU 00-0069 4:- 1.—at tN 4,..41_.b ors o,n. t ,%s pla.� c� n NA_o� :� �e�k e�� �;ha� p t��' �uw. 2vS[ IR�� � ` Bentisren4 sui f ets•nh(. iffiLIT1E3 L LOT I ektilliAllir 41001%)tr o' 25' 50' too' .. - 7ML:1"N • gt P k CDUCED r zoM • -yekeiS FAAAk "A S-emu•, \,u 1A)(5 1 Cvh'urr/v 10'PGE EA.S�E?VT 3 "EWE CR-'Alt).pco :.'RGIS FARM Sc2UicE5 p \ , , i i ir/ //-si 3- 1— / t 1-4-PVC2-3�PIC VAB40 O 1 3-2 PVC 1 .' 13 14 iii•eti*?2-t4 ,/ CLEAR VISION TRIANGLE t ll • yc°+` A 4 ar+s =1d 12 11 CLEAR VISIGW TRIANGLE • b \ /TA 0+4206. PLACE • - +ov d -ir sra L 4• " — 10 FOOT STORM 1-Ll S --i— STREET B �- - ,/\-aEAR VIS/ON EXHIBIT 5 a. .- LU 00-0069 Q I. , _. -----t- ______— . . c.c. --,rawifc • 011#01$ BUILDINGS **Of REMOVED ., . . 7. ._,.. .:,. .. . ,.. W4 -'----\, .1 . . ...cs... -----.. •.. — - .. • , , .,-. r., EXISTING BUILDING TO REMAIN — -,,, ;( • Iv' ...... ) )( I • jil TIC . . zii]i.Haf::ii•::] ...:04 . .-. a a : . r..,, • '.:Iiiitiii-UN 0, 74-1.... LOCAL BENCHMARKi. .. ...-.......:::.....' ...........,-::.r......7.......4Pti:::,:li :Vt... Lake Oswego I.D. # 14M- 1 1.>---"m . - • .... ....-- ,--44...,--3: .• if q,"161 Elevation NGVD 29: 407656 . . •,,,,,,4 • .,.... ..„ Bross disc on top of curb at S.E. corner of 1 - 36 7, 634. 7,,p„,Stafford Road and Bergis Rood. 1 ________560 • cliil .......,....,....,.. .. ............ : - TOTAL . AREA AFTEN4 , . 0!:!:ii,,p - lig • ... L::,.:::;:: la ..i.:....... ,.,„...,.:.,.......,.. _ ......... ..... ..................•...,........: Th. - _ — EXHIBIT 6 ..., III ._ _ ____ u_t_t_rs3_--- LU 00-0069 Z. Acciec . 1 FI G. S I Te StARVSY ' FliesA Fla PD gill-411 17.141 .. . .‘ StP4r4el t,-( C • D • • 41, —f.A DEC Z G, 410L 6" t k6. -- -- DEC �\ :� '�— x18'-20' REMOVED x1Y-14r /� DEC \ t DEC �-, r� �� ' aZ1,FFT ti /�_ -----.._ ,,, \ a , -.., ----„,_, J .e. :: g --�.` v4 DEC _ v; IAIN /' l `\ WEL IRCH E'TIG�' 1 uw, J �yy ED ( 400 1: ri' i W :i'► % / % ' �11 yam:'3+:Ls - ell.` ;#• H� DEC ,/ .7 '00E1 r fir t ,� •xt2" - lire DEC EC T , �.� 42" 40" / i t . , . K1 t , . 5g� DEC '`f,� - `� / , r z 1 4 C 2-� " / `� +vt DEC A � e"�F f3: /rF IT MC , rt Kg 111 2 X:,. I k;_ �� =-kvio DEC/ �/ 6" ^•, �: S �'��% Ali D3Ce,� r j ` 1�r xa WI L;F18 /� �i�vt L' utC.� �/ / / A r ,,mot rr� / r• ' '` a r'� �' LR., '" �� / r' i • /(�J <4° /' / / psi=. / / 1. t... 1n T 2. m m 6900-00111 • 1 1IEIHX3 I I i \\ \ I I I. \ I 11 •• I I le). es, n cr I t? is L • '* I \\\ 1, . \ t, , l I rr 1 I ,IL,: A; - ,,,,,,, .- . . . •;: , ,....--1 •I - „ ; H ,I I\ 1 e ii L +iih ' f!; 4 :IQ Flo ®-' IZD Tf o s , ao i 6I - r' CiiP. B � Wig 0 ?fiat ' zlld o RUSH PROPERTY i� [ 1 T 1,1- 4G)1iir Ti{s II d AA; �� ) 8 � ■ a i rn N i!111 I STREET AND STREET TREE PLAN ;T. I I . --- 4,. -Vi4- ,--- . • g•'' ''' -4 2..4„- -,,CORTWLL csEsr 1 ItAF NO-916 ' IT R7/16Ts j:A' 4:§4' PRIVATE 09E14 4. SPACE •-•:,-,,-."`"'-,, 540.97. silt i 35-59 -I ... vr -i-34:•-‘-• , /05 50 r-, r.-, 4--,-,4•.. -' 51352croty4 c,,:-/r. i . POINT loom T. 52/ I / ' -3 3/4-LP. 195" I tte$ 1112°I IL: r-.1.,, 4,11 1 # 1 a 4/ - FAL , BOOK 13 pl --/ .--s ,',!,,,,,, PUE 2 F..,„ 15,989 15,133 SI.•-.I•',,."--,4e"i._'.7.'-=''---,C;4j,i-''lA•-•-'•-"-.4.,I•`.s',.,.'..;•.^4-:.,.••-1- •1*".. '- i 7 3 9 r ;:7$4:1.// 4,,•-,-„Fi..-/-0-.-4;/01 I1Ii4 95o...5.5.'a394 a t-....i--l-•6_'-_S..-TE-\--\---o f1,83'.,.tV7,-44_rE E-1 zo6t'sS8-T0E\NWS lE z4 -4 0.-1l41i,5- -1_54-- 3 842 - S • 'g:t'aA/:o-•1',• '- - 1r"e-.CC.6'1• 41,03I 5 STE\/ 5.20 g* • , • 1 .•4.:)u-.. . 1A1.1t•.,1•-,10,l5,00/-C:•8,_,1..I1.Jsit131V ' / .-3 1-Z11•''5• 1SEI 1 1R 9 4.-8W0.0L1I1N E/50, I z. ,.. :i' 1 l;' 1 3 15,812 SI. r PVE,1 co 4001110NAL MO :,Wrgl,k 1,. (TYP.) N cr$ FRou cttomu .411.--,- N 5711•00"E 1 18.60 5 6721'06'W -t171anA S14511'1141 ro 1\tz., N136441YE 4, I 7 /I--; -1 •41'.;1.4 ,..,-;.; , • c_i,i.,' N8644'1TE 127.02 1 18 I irk 15' PSSE--r s-,---,57. ow.roo-w qk 41,b rt 1 ... -..r.:.... 1875 ......-... 9.79 / it 1 2i" 1 1 w. i•E ./.1.. • • ) v il 16,284 S.F. 124.PM ,., .,.. . $5,185 S.F. 6.sTE -, 20' 20' r, r ro vcA 15.358 S.F. :ssTErE - h' 6' ruE it_ - g zci PRWATE ACCESS n A"SEE PLAT RES1RICumilIONis 4,4 - NO. 10. 51-1ZET 2 /1114.1TY EASEL4ENT TO LOT 10 ' • 145_18 I- r4.1 '7' 4 CV • • S8121.1" 6' S1E- ° i .'s \ 40.00 ,.1 _ \I f, • 1485_,21'13-1 .4! •;:.---,,,,. 5 4-4'5109.E--1-\ \\24/61 Ns ----toe.42- .' ,.E. 1 fil LA 26.81 ,..,211; -Fi -- i-,-.-- ---=--,17-5 gi -.47.5_123 i- i--- - -1 •g LT) _ c' 14.52 g . 5' PSDE 15.246 S.F. 11_ 15 93 so 2 r 1 r 1 I , - FP$ ..._.$ 0 .--- 4oco k L.Li cc • . w ,,25o us PRNATE AA,10 E cr N`14-2774-T314 571- ACCESS21-1-71TP. P-rr (nun EASEMENT 2 • 3 L.) 0 58521•131v A 13 - I SEE PLAT RESTRICTION b c..) 10 I 9,6' StE". I 1V' I NO. 10, SHEET 2 g.51 - g 16,744 S.F. . I , 0 I 7 411 9 . b 6 16,134 S.F. I 1.5 i 1°. s12 ..) o z -. .,..i. 8 2o. zal F.-8 15,253 S.F. i I II A e el u 16.5' . i - )1 I 14521'13'E W UNE 900K 124.PAGE POE 1 1 135.39 n, was511723.1595.13-..../0%($67, le I I? VW.) ,ty PUE 1 • sAr 1.w. / 0.70'N I ' , 51521.1” 5 1:71 NOW=A W g 41.4"76..4.1' 1.50'E . Zr4 NA noo I 8 13 /- 4 / / TRACT 'B' 14, $ 57,916 S.F. '-73;i'..' 16,431 S.F. •a• 1 - 1- / U,I,---TRACT 'C' /0--.\t PRIVATE OPEN SPACE 4.N., n,\ EMERGENCY ACCESS 2.2 46 SI. ;,•./. i 15' PSSE EASEMENT. SEE '9,!-.2, N i 15. PSI*147.42 •?P- ,,,./YBOOK 250, PAGE 294 EASEMENT NOIES 1...N 's N8521'irE 1.,,e,__ q....,:$, ,,.1•••••- .,.. -$..• • 03. 3& 4,SHEET 2. 1.74 4,-ia...14 4-tor Nf c.1 • 4-j "is 167.40 - - --' ' - - -41, S8511'13-1 I:-. ,..11" ,,,I.:,;.4- .4;:•:5 40 •(14 .,'' ,i•2j/.. TRACT 'D' 1 g i' g i 1... ,-.v. "i .1.1, 6' _,-- ...--- '-' . G's% ,4fiu--:' a. i il, ,-,•,..,i (ripPt_\__ _ 9,444 S.F. ,/sb 1 ....,'3,-i''.'-- ,,,::: le. g !1 „--___-,34.04- _, . ___ _ • .7..,....„..:,:, ..pu,,,,,„,,,.......... ,,---- (".) \--,- -157.43-.---.- ltr: -;:....1 28.3,77 - 115.70 ........ 384.71 351.46 b 44 - _ •-,..'.0 1.--ff N85211/E 052v1SE - --------- N. UNE A0011104414.DEDICATION TO 30' FROM CENTERLEW OF BERGS ROAD -AD 12' F.JAERcocv BOOK 367, Pia 573 - --4 -.-':r• ACCESS EASEWENT ....Pr"-- BERGIS ROAD siF Mayo NOTE NO. 3, „brie u'• EXHIBIT .8 -sit cok 551.PM;E 787 LU 00-0069 . . n COUNTY ROAD NO. 1751 giErr 2 . • a c,_ 1 a 1,00..1 e:ic,, ONE AND FIVE SECOND ELECTRONIC THEODOLITES. THIS SURVEY WAS gT 1r-/4�2/. PERFORMED FOR THE DECLARANTS TO THE PLAT. BY: (4 AND(/,'�2ANU TAX COLLECTOR F� 1 [ 4�GLJ NOTES DEf'u Y BY: dr,Y1!,���Al.4 r THERE IS NO GEODETIC CONTROL MONUMENT WITHIN ONE-HALF MILE OF HITS PLAT. OF�t IY EASEMENTS I. A PUBLIC STORM DRAINAGE AND PUBLIC STORM WATER DET EN ION EASEMENT SHALL EXIST OVER THE ENTIRETY OF TRACTS 'B' AND '0', SAID STATE OF ORECDN EASEMENT BEING FOR THE OPERATION AND MAINTENANCE OF PUBLIC SS COUNTY OF CLACKAMAS DRAINAGE AND STORM WATER DETENTION FACILITIES. SAID EASEMENT IS FOR 111E BENEFIT OF THE CITY OF LAKE OSWEGO. I DO FIFRF.BY CERTIFY HIM" THE SUBDMSION PLAT WAS RECEIVED FOR RECORD 011 THE _a9{w DAY OF 19 AT 3=n3 O'CLOCK '�.EL. 2. TRACTS 'B' AND 'D' SHALL BE SUBJECT TO A PUBLIC SURFACE, WATER MANAGEMENT EASEMENT. AND A PUBIC SI ORM DRAINAGE EASEMENT OVER I/ THEIR ENTIRE AREAS. SAID EASEMENTS ARE FOR THE BENEFIT OF THE �� N CITY OF LAKE OSWEGO. CIACIUMAS COO 1Y CL 3. 11IF 12-FOOT WIDE EMERGENCY ACCESS EASEMENTS WITHIN LOtS 7, R, BY: _ s=l( TRACT 'B' AND TRACT 'D' ARE FOR EMERGENCY ACCESS BETWEEN BERGIS DEPUTY TARM DRNE AND BERGIS ROAD. SAID EASEMENTS ARE FOR THE BENEFIT OF TIIE CITY OF LAKE OSWEGO. 4. THE 12-FOOT WIDE PUBLIC WATERLINE EASEMENT WITHIN LOT 7 AND TRACT 'D' IS FOR TIIE BENEFIT OF THE CITY OF LAKE OSWEGO. CONSENT AFFIDAVITS 5. THE STREET TREE EASEMENT WITHIN TRACT 'A' AND LOTS 1 - 7 AND LOT 12 IS FOR THE BENEFIT OF THE CITY OF LAKE OSWEGO. A SUBUIVISLON PIN CONSENT AFFIDAVIT BY WASHIINGTON MUTUAL BANK, BENEFICIARY UNDER DEED OF TRUST RECORDED IN DOCUMENT NO. 7-O55052 HAs BEEN EXECUTED AND RECORDED IN DOCUMENT �p NO. S-'V 7 / . CLACKAMAS COUNTY RECORDS. W T PLAT RESTRICTIONS (V I INDIVIDUAL PROPERTY OWNERS SHALL BE RESPONSIBLE FOR AND SHALL 6 SETBACKS. 1,01 COVERAGE, ATILT BUILDING HEIGHT, UNLESS OTHERWISE NEAR DIE EXPENSE AND/OR REPLACEMENT COSTS OF FENCES AND/OR APPROVED By THE CITY OF LAKE OSWEGO, ARE AS FOLLOWS: FRONT, 25 IANDSCAPING IN ALL PUBLIC EASEMENTS WHEN SAID FENCES OR FEET; REAP, 30 FEET; STREET SIDE, 15 FEET; OTHER SIDE. 15 FEET; LANDSCAPING MUST BE REMOVED FOR ACCESS TO UTIUIIES. LOT COVERAGE, 25X: BUILDING HEIGHT, 35 FEET. 2 THE LOTS AND TRACTS WTIIIN THIS SUBDIVISION SHALL BE SUBJECT TO 7. ALL LOTS SHALL COMPLY WITH LOC 57.04.035 REGARDING PROTECTION THE �VENANNT5. CONDITIONS AND CLACKAMAS COUNT Y RECORDED IN DOCUMENT FROM FUTURE SHADE. LOIS I, 2 AND 14 MEET BASIC SOLAR STANDARDS. 7yi 7 RECORDS. LOTS 3 AND 6-I3 HAVE PROTECTED SOLAR BUILDING LINES. THE LOCATIONS OF THESE LINES ARE SHOWNTHE 3. TRACTS 'A', 'A','AND 'D' ARE PRIVATE OPEN SPACE TRACTS AND SHALL BE RESTRICTIONS NOTED INS NUMBER 1N 2 ABOVE.UVEFLINTS, CONDITIONS AND OWNED AND MAINTAINED IN ACCORDANCE WITH THE COVENANTS, CONDITIONS AND RESTRICTIONS NOTED IN NUMBER 2 ABOVE. SAID B. THE STORM WATER QUALITY FACILITY LOCATED WITHIN TRACT 'B' IS A TRACTS SHALL REMAIN IN IHL.IR NATURAL CONDITION 10 PROVIDE A PRIVATE FACILITY TO BE MAINTAINED BY THE HOMEOWNERS' SCENIC, AESTHETIC APPEARANCE; PROTECT NATURAL PROCESSES; ASSOCIATION. PROVIDE PASSIVE RECREATIONAL USES, OR MAINTAIN 111E NATIVE VEGETATION OF THE OPEN SPACE. THE CITY MAY APPROVE ACTIVITIES 9. SUBJECT TO CONDITIONS OF APPROVAL, CITY OF LAKE OSWEGO FILE NO. THAT ENHANCE THE NATURAL QUALITIES OF THE SPACE AND MEET THE PO 3-97-1217. nemelelmn ABOVE PURPOSE OF THE OPEN SPACE. IMPROVEMENTS IN THESE AREAS PROFESSIONAL WHICH ARE IN KEEPING WITH THE ABOVE PURPOSE, INCLUDING PUBLIC ID. WITHIN VISION CLEARANCE AREAS, THERE SHALL E NO FENCES, VEGETATION, LAND SURVEYOR1 UTILITIES, MUST BE APPROVED BY THE CITY OF LAKE OSWEGO. THIS NOTE PARKED CARS OR ANY OTHER OBJECTS PLACED DR MAINTAINED WHICH ARE SHALL NOT RESTRICT THE MAINTENANCE ACTIVITIES REQUIRED FOR THE IN EXCESS OF 30 INCHES ABOVE THE LEVEL OF THE CENTERLINE OF THE C. DRAINAGE EASEMENT PORTIONS OF TRACT 'B'. NO BUILDINGS OR ADJACENT PAVEMENT. v(- . '`..��_ STRUCTURES SHALL BE ALLOWED IN THESE AREAS WITHOUT THE APPROVAL OF THE CITY OF LAKE OSWEGO OR ITS ASSIGNS. I1. PLAT RESTRICTIONS I, 3, 5, 6, 7, B AND 10 ARE JURISDICTIONAL L JOHN A.OgEGON CAfiLSONALY CONDITIONS IMPOSED Br THE CITY OF LAKE OSWEGO, AND ARE NOT A XI,AO' j 4. TRACT 'C' IS A PUBLIC TRACT FOR EMERGENCY ACCESS BETWEEN BERGIS PART OF THIS PLAT. A. ,.• , FAITH DRIVE AND BERGIS ROAD AND IS CONVEYED 10 HIE on. OF LAKE 20.44 OSWEGO WITHIN THE DECLARATION 10 THIS PLAT ANU Br RECORDING OF RENEWS 12/31/1999 (''• THIS PUT. 1111S TRACING IS AN EXACT DUP- h 5. STREET TREES PLANTED OUTSIDE STREET RIGHTS-OF-WAr. WHICH LICAIE OF TATE R ORIGINAL PLAT .` CONFORM TO THE APPROVED CITY OF LAKE OSWEGO PLANTING PLAN, OF"BERGIS FARM ESUIES. I �F+ CAN ONLY BF g[MOVED WITH PRIOR APPROVAL OF 111E CITY OF LAKE III L r, i OSWEGO. P.L.S. NO. 204�,�� APPLICATION FOR • MINOR LAND DIVISION AND PLANNED DEVELOPMENT MODIFICATION APPROVAL PROJECT SUMMARY APPLICANT/ Don Schollander OWNER: Schollander Development Company 5285 SW Meadows Road Lake Oswego, OR 97034 Phone: 624-0401 PROPERTY Lot 3 Bergis Farm Estates subdivision LOCATION: Tax Lot 300, Map T2S-R1E 15BA, Clackamas County SITE AREA: Approximately 41,000 sq. ft ZONING: Low Density Residential/R-15 designation. • REQUEST: Minor Land Partition is requested for the plans to divide the site into two parcels of approximately 25,000 sq. ft. and 16,000 sq. ft. The existing home will be retained. Because the lot is part of the Bergis Farms subdivision which was approved as Casefile PD 3-97, PD Modification approval is also requested. Lot 3 P a r t i t i o n • EXHIBIT 9 LU 00-0069 J TABLE OF CONTENTS I. SITE INFORMATION • Figure 1 Vicinity Map Figure 2 Existing Conditions Figure 3 Site Survey (from Bergis Farm Subdivision Plans) Figure 4 Existing Utilities & Lot Dimensions (from Bergis Farm Subdivision Plans) II. PROPOSAL DESCRIPTION Figure 5 Preliminary Partition Plat (Detail from Bergis Farm Subdivision Plat) Figure 6 Preliminary Grading Plan (from Bergis Farm Subdivision Plans) III. COMPLIANCE WITH APPLICABLE APPROVAL CRITERIA A. Compliance with Comprehensive Plan Policies B. Compliance with Compliance with Zoning Code C. Compliance with Development Ordinance and other Codes and Standards D. Compliance with Development Standards IV. APPENDICES A. Notice of DRB approval of PD 3-97-1217 B. Staff report for PD 3-97 Bergis Farm Estates subdivision C. Portion of Application Narrative for Bergis Farm Subdivision (April 16, 1997) D. Neighborhood meeting notice posted on site, with letter regarding neighborhood meeting which was included in posting and mailed E. Affidavit of mailing, including mailing list and certified mail receipt F. Affidavit of posting G. Minutes of meeting • I. SITE INFORMATION • Location The subject property is an approximately 41,000 square foot lot located on the northwest side of Bergis Farm Drive within the recently developed Bergis Farm Estates subdivision. Bergis Farm Estates subdivision is located to the northeast of the intersection of Bergis Road and Cornell Street. Site Description There is currently one home on the southern portion of the site. The home was constructed in the early part of the 1900s. Figure 1 is a vicinity map. Existing landscaping trees, fruit trees, and nut trees are located near the house and scattered in the northern portion of the site. Figure 3 is a Site Survey from the Bergis Farm subdivision application. The subject property slopes from the west from a high point of approximately 583 feet to 569 feet at the northeastern corner of the site. The home onthe site is located at the highest point within the Bergis Farm subdivision. Recent Development History of Site The Bergis Farm subdivision was approved by the Development Review • Commission on June 16, 1997 as casefile PD 3-97-1217. Appendix A is the notice of the DRC decision for that case. Appendix B is the staff report. Appendix C is a portion of the subdivision application narrative. The current applicant, Don Schollander, was the applicant and developer of the Bergis Farm subdivision. Bergis Farm subdivision includes 14 lots, two open space tracts, and one new street - Bergis Farm Drive. Bergis Farm Estates subdivision has been developing over the past three years. At present, seven homes in the subdivision (including the home on lot 3) are currently occupied or under construction. Adjacent Public Roads and Utilities Bergis Farm Drive is a fully developed 28-foot wide local street with curbs. :I sidewalk on one side, storm sewers, and street lights. Cornell Street is a minor collector street located on the eastern edge of the Bergis Farm subdivision. Cornell Street has approximately 24 feet of pavement, a new 5-foot wide bike lane on its western side, and drainage Lot 3 P a r t i t i o n • ■ ditches. A street light is located at the intersection of Cornell Street and Bergis Farm Drive. • A City of Lake Oswego 8-inch sanitary sewer line, an 8-inch public water line, and a storm sewer are all located in Bergis Farm Drive adjacent to the site. Other Public Service Providers The site is located within the Lake Oswego School District. The site is currently within the attendance boundaries of Palisades Elementary School, Waluga Junior High School and Lakeridge Senior High School. Police services to the site are currently provided by the City of Lake Oswego. Lake Oswego provides approximately 1.26 officers per 1,000 population. The City's minimum staffing requires that there be two or three patrol districts maintained at all times. At peak periods there are four patrol districts. The City's average emergency response time is approximately five to seven minutes. Fire and rescue services to the site are provided by the City of Lake Oswego. The closest fire station to the site is located approximately one mile from the site along South Shore Road. The City of Lake Oswego has three fire stations serving a population of approximately 34,000 and an area of approximately 11 square miles. The site is located near several City of Lake Oswego parks or future park • sites. The Lake Oswego Municipal Golf Course is located approximately one- half mile to the west along Stafford Road. The future Luscher Farms Park site is located to the southwest of the site, south of Bergis Road. Telephone, electricity, and natural gas service are already provided to lot 3 by private utility providers. Lot 3 P a r t i 1 i o » 2 • t II. PROPOSAL DESCRIPTION • This application requests Minor Land Partition approval to divide the 41,000 square foot lot into two parcels of approximately 15,000 and 26,000 square feet. The existing home will be retained on proposed parcel one. One additional home will be able to be built upon the other parcel. Utility services will be provided for that home by connection to the existing utility lines within Bergis Farm Drive. Both homes will be provided with access via driveways to Bergis Farm III. COMPLIANCE WITH APPLICABLE APPROVAL CRITERIA A. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES The following identifies the policies of the Lake Oswego Comprehensive Plan which City staff called out in the January 27, 2000 pre-application conference as being applicable to this development application. Direct citations from the Comprehensive Plan are shown in bold. Responses to the policies follow each policy, or else are contained within the original application narrative for the Bergis Farm Estates subdivision (Appendix C). Those findings are hereby adopted by reference. The staff report for PD 3-97 (Appendix B) and the DRC decision for that application (Appendix A) found that those policies were satisfied with regard to the plans for creation of the subdivision and the • associated improvements. GOAL 1: CITIZEN INVOLVEMENT POLICIES 10. Provide opportunities for citizens to be involved in the planning process, including data collection, plan preparation, adoption, implementation, evaluation and revision. Finding: Consistent with the standards of LOC 49.36.705, a public meeting was scheduled for March 14, 2000 at 17392 Bergis Farm Drive to discuss the proposed development. Notice of this meetings was provided as required by LOC 49.36.705. Owners of properties within 300 feet of the site were notified of the meeting by mail and the site was posted in with a sign announcing the meeting. Nevertheless, no one attended the meeting other than the applicant. Documentation regarding items requested in LOC 49.36.705(5) are included with the Appendix to this report in: Appendix G, meeting minutes; Appendix D copies of letter and posted notice; Appendix E, affidavit of mailing including mailing list and certified mail receipt; and, Appendix F, affidavit of posting. A list of property owners within 300 feet of the site was compiled in February, 2000. Labels based upon that listing have been provided for the City's use in Lot 3 P a r t i l i o n 6 • providing notice of the Design Review Commission hearing on the proposed development. In addition, the site will be posted with a sign announcing the • hearing. Interested neighbors and other citizens will have an opportunity to provide the DRC with comments on the proposed development. GOAL 2: LAND USE PLANNING Section 1, Land Use Policies 1. Require development to be adequately served by the full range of public facilities and services including: water, sanitary sewer, transportation facilities, fire and police protection, parks, open space, and recreation facilities, surface water management and storm drainage facilities, and schools. Services shall be available or committed prior to approval of development. 5. Maintain residential neighborhoods at existing zone and plan density designations.... 6. Require dedication or reservation of park lands or open space as part of all major development. The City may, at its discretion, require construction and dedication of recreation facilities when justified by the impacts of proposed development. 9. Require preservation of significant inventoried and identified • natural resources as conditions of approval for all development. 10. Allow development at the maximum designated density when it is shown that: a. Adequate public facilities and services can be provided. b. Negative impacts can be resolved; and, c. The development is in compliance with all applicable land use regulations. 20. Allow major development to be designed and submitted for land use approval as planned unit developments to preserve open space, natural resources, and provide amenities. 21. Allow increased density and clustering of buildings on suitable portions of land proposed for development to preserve natural resources and open space. 24. Comprehensively evaluate proposed land use actions to determine the full range of potential negative impacts and Lot 3 P a r ! t t i o n • J 'v N require applicants to provide appropriate solutions prior to • approval. 25. Require developers to bear the burden of proof to demonstrate how proposed land use actions are consistent with the Comprehensive Plan and applicable codes and land use regulations. 26. Require developers, prior to application for permits, to discuss development proposals with neighborhood groups, residents and City staff. Finding: Consistent with the standards of LOC 49.36.705, a public meeting was scheduled for March 14, 2000 to discuss the proposed development in advance of this application being filed. No one showed up for that meeting other than the applicant. All required documentation regarding this meeting is included in the Appendix to this report. 27. Require new residential development of four or more units to address all of the following design criteria: a. Preservation of required open space and natural resources; b. Provision of a street system which provides efficient connection to higher order streets and major activity centers; • c. Development of transit opportunities appropriate to the scale and character of the development; d. Development of a safe and convenient pedestrian and bicycle circulation system; e. Management of surface water and storm drainage consistent with the City's Surface Water Management Plan; Finding: All storm drainage facilities within the Bergis Farm Estates subdivision were designed using the City's surface water management design manual and were designed with redevelopment of lot 3 and any increase in runoff which might result in mind. f. Assurance of privacy and quiet for future residents and abutting properties; g. Energy conservation measures such as energy efficient design and solar access, and the preservation of trees and the planting of new trees to provide summer cooling; Finding: The subdivision layout was designed to comply with the applicable solar access standards as was explained in the original response to LOC Chapter 57. The additional lot to be created from lot 3 Loi 3Parlilio ,i 8 • will be a basic solar lot with a north-south depth of greater than 90 feet and an east-west front lot line orientation, thereby adding to the • subdivision's compliance with the City's solar access standards. h. Buffering and screening from adjacent uses and streets; i. Building placement and locational relationships; j. Provision of adequate emergency vehicle access; and, k. Reduction of dependency on the automobile on a per-capita basis. Section 2, Community Design and Aesthetics 2. Require developers to submit site and building plans for all proposed new development which show building, site, and landscape design for all development phases. GOAL 5: OPEN SPACES, HISTORIC & NATURAL AREAS: Section 4, Open Space 5. Protect, maintain, enhance and restore the functions and values of stream corridors, including maintenance of water quality, storm and floodwater conveyance, fish and wildlife habitat, open space and aesthetic values. 3. The City shall emphasize protection rather than mitigation of • stream corridor functions and values. 4. Enact and enforce standards and ordinances which regulate development, including filling and grading, within delineated stream corridors, stream corridor buffer areas, and buffer edges.... 5. Require activities which use stream corridors to be compatible with preservation of stream corridor functions and values. These activities include uses such as private development, public and private recreation, surface water management and flood control. Section 6, Open Space 1. Establish an open space network within and adjacent to the Urban Services Boundary (USB) which: a. Preserve natural areas in an intact or relatively undisturbed state; L o f 3 P a r ( i l i o n 9 • '.iL. ...i. b. Provides for maintenance of scenic resources and distinctive • aesthetic qualities such as views of Mount Hood, Oswego Lake, the Willamette River, the Tualatin Valley and forested ridge lines; c. Preserves area valued for community identity benefits such as stands of trees and rock outcroppings; d. Protects the public from natural hazards, such as areas subject to flooding, geological instability or high erosion potential; e. Provides buffers between incompatible uses; f. Preserves fish and wildlife habitats; and, g. Provides land which meets the open space and recreation needs of the community. 2. Preserve open space through dedication, deed restrictions, covenants, or other methods as conditions of development approval which, when possible, shall be consistent with the City's parks, open space and pathway plans. 3. Promote an open space network that: a. Maintains the existing tree canopy; b. Provides aesthetic and visual relief from urban development; c. Provides opportunities for pedestrian and bicycle linkage; and, • d. Preserves essential natural system. 4. The City shall emphasize protection rather than mitigation of open space functions and values. 6. Provide regulations to preserve areas with a Protection Open Space designation, including essential natural systems, lands containing natural hazards and unique natural areas valued for scientific, educational, recreational, scenic resource and community identity benefits. Development will be allowed on Protection Open Space lands when compatible with natural systems that are present. 9. Designate the following areas as eligible for Protection Open Spaces: a. Stream corridors and natural drainage ways; b. Flood plains; c. Willamette River Greenway; d. The Tualatin River corridor; e. Wetlands; f. Oswego Lake, its bays and its canals; Lot 3 P a r t e t , o n 10 • �. 3 g. Tree groves; • h. Forested ridge lines; • i. View points; j. Steep slopes; k. Weak foundation soils; 1. High ground water areas; m. Areas of geologic hazard (unstable soils); and, n. Scenic resources. GOAL 6: AIR,WATER, LAND RESOURCE QUALITY Section 1, Air Resources Quality 3. Preserve and enhance the City's open space and natural resources to sustain their positive contribution to air quality. 4. Increase the opportunity to use alternative transportation as a means to reduce air pollution by: a. Requiring safe and comfortable pedestrian and bicycle pathways as part of all new street construction projects, where feasible: b. Ensuring new street projects accommodate existing and future transit requirements; c. Requiring the design of new development to be supportive of • pedestrian, transit and bicycle users; d. Requiring payment of a systems development charge to be applied to the City's pedestrian and bicycle path system; e. Providing appropriate pedestrian and bicycle facilities as part of new park projects; and, f. Maintaining an ongoing program to build and maintain pedestrian and bicycle paths. 5. Encourage land use patterns which, while reducing dependency on the automobile, are also compatible with existing neighborhoods. Section 2,Water Resources Quality 1. Protect the natural surface water drainage systems and enhance water quality by treating and controlling run-off and pollution at the source. 2. Favor the use of the natural drainage system and other non- structural methods to treat, convey and dispose of run-off. Lot 3 P a r t i t i o n 11 • • 5. Require all development to: a) Comply with applicable local, state and federal water quality and erosion control standards; and, b) Implement measures to minimize run-off from the development site during and after construction. Section 4, Sound Quality 4. Evaluate the noise potential of proposed development and separate noise-sensitive and noise-producing land uses. GOAL 7: NATURAL DISASTERS AND HAZARDS Section 3, Landslides, Erosion and Unstable Soils 2. Regulate density and intensity of land use in areas with the potential for unstable soils, known or potential landslide hazards and soil erosion hazard areas, in accord with the degree of hazard. 4. Control erosion at its source through minimizing the disturbance of existing vegetation. • 5. Require property owners to include erosion and drainage control measures in site planning, during and after development, to prevent increases in surface water runoff, erosion and siltation. 6. Require that land identified with a potential for high erosion hazard will be maintained in open space, unless appropriate evidence demonstrates that engineering can effectively overcome soil and slope limitations. 7. Allow development density proposed on steep slopes and on lands with unstable soils to be transferred to stable portions of the site when these areas are preserved as open space. 8. Allow innovative site and building design, including the clustering of buildings, to avoid development in hazard areas and encourage steep slopes to be used for open space uses. 9. Ensure that public facilities and services are planned to be located in non-hazard areas, where possible. When hazard areas are unavoidable, ensure that public facilities and services are designed to withstand movement of soil and rock. Lot 3 P a r t i t , o n 12 , , _ J L M. lJ 10. Require the review of any development proposal by the • appropriate local, state and federal agencies. GOAL 8: PARKS AND RECREATION 6. Require developers to pay their equitable share of future park acquisition and development costs. 7. Plan and develop a system of pathways which can connect open space and park facilities with neighborhoods. GOAL 10: HOUSING 2. Require design review to determine the actual number of units permitted on a development site through an inventory of site conditions which demonstrate how proposed development is compatible with the site, surrounding uses, other Plan policies and capacity of public facilities. 3. Assure that residential densities are appropriately related to site conditions, including slopes, potential hazards and natural features. 4. Require mitigation of adverse impacts such as noise, traffic and411 visual aesthetics, on differing, adjacent land uses through site and building design. 6. Assure that residential density is appropriately related to the capacity of public facilities, especially residential streets. Developments shall not generate traffic exceeding the capacity of adjacent streets or intersections. (Also see Transportation Chapter, Goal 1, Policy 1, Goal 4 and Figure 16.) 7. Provide for safe, comfortable, visually attractive streets in new developments. 9. Encourage energy efficient site and building design, and use of renewable building materials. 10. Provide for an interconnected street system to encourage pedestrian, bicycle and transit travel and to reduce vehicle miles traveled to local destinations thus reducing energy use, pollution and congestion. Lot 31art itton 13 • 13. Provide for the active involvement of neighborhood residents and property owners in decisions affecting their neighborhood. • Finding: Consistent with the standards of LOC 49.36.705, apublic meeting was scheduled for March 14, 2000 to discuss the proposed development.in advance of submittal of this application Notice of this meeting was provided as required by LOC 49.36.705. Included with the meeting minutes is documentation of those items requested in LOC 49.36.705(5). These items can be found in: Appendix G meeting minutes; Appendix D notice letter and posted notice; Appendix E, affidavit of mailing including mailing list; and, Appendix F, affidavit of posting. GOAL 11: PUBLIC FACILITIES AND SERVICES Section 1, Public Safety Policy and Fire Protection 2. Require adequate police and fire protection to be considered for development. Particular attention shall be given to: a. Fire hydrant locations and sufficient fire flows; b. Street layout and site design features that ensure emergency vehicle access and building identification; c. Building security; and, d. Exterior lighting and landscape design. • 5. Require new streets to be of high structural quality, sufficient width and adequately maintained to ensure emergency vehicle and service equipment access. 12. Require all development to meet fire code requirements. Section 2, Stormwater Management 5. Require new storm drainage facilities to have the capacity to accommodate projected upstream flows within the respective drainage basin in addition to runoff generated by the development served by these facilities. 6. Require developers to construct required storm drainage facilities and to pay an appropriate system development charge (SDC). 9. Require all storm drainage improvements on private property, and that required as a condition of new development to: Lot 3 P a r t i t i o n 14 .iL o...r a. Accommodate storm drainage flows of development at full • build-out; • b. Be compatible with the City's Storm Drainage Public Facility and Capital Improvement Plans and Surface Water Management Program. Section 3,Water Treatment and Delivery 7. Require developers to: a. Provide water service to meet domestic needs and fire flow requirements to all new development; b. Install all required public fire hydrants; c. Pay a systems development charge and other costs associated with extending service; and, d. Extend adequately sized water lines with sufficient pressure to the boundaries of the subject property where future extension of water service is anticipated or required. 8. Require unobstructed access to all public water lines and easements. 9. Require all development in Lake Oswego to connect to the municipal water system unless the City and a water provider agree that adequate service can be provided more practically by the provider's facilities. • Section 4,Wastewater Treatment 1. Require developers to: a. Provide adequate sanitary sewers to all new development; and, b. Pay an equitable portion of costs associated with extending service. 2. Require all new and existing development within the City to connect to the City's sanitary sewer system and pay a system development charge. 3. Prohibit the repair or replacement of septic tank systems within the City unless it is not feasible to connect to the City sewer system. Lot 3Portttton 15 , . , J L I.r 3 6. Allow the use of Septic Tank Effluent Pumping (STEP) Systems in those areas and situations where conventional gravity sewer . systems are not practical. Section 5, Administrative and Government Services, Energy, Communication and Schools: 2. Require energy and communication utilities to be provided to all development. 3. Require developers to establish, and ensure the preservation of easements necessary to provide energy and communication services. 4. Require new energy and communication utilities to be placed underground where practical. 5. Review all residential development proposals for potential impacts on the school system including the adequacy of existing schools and the need for new facilities. GOAL 12: TRANSPORTATION GOAL 1: MAJOR STREET SYSTEM 2. Direct access onto major streets shall be controlled. GOAL 3: NEIGHBORHOOD COLLECTORS AND LOCAL RESIDENTIAL STREETS 2. The City shall, in conjunction with the neighborhood association, plan for, develop and maintain a local residential street system at a service level and scale which: a. Recognizes the multi-use functions of neighborhood streets for walking, bicycling and social interaction, and which preserves the privacy, quiet and safety of neighborhood living; b. Provides for safe access to abutting land; and, c. Allows adequate and safe circulation from residential properties to the major streets system and neighborhood activity centers. 3. The City shall designate as local residential streets all streets not identified as major streets or neighborhood collectors in the Lake Oswego Comprehensive Transportation System Plan. 4. The City shall utilize flexible design criteria and construction standards for local residential street and neighborhood collector improvement projects. Design criteria shall be consistent with Lot 3 P a r l i i i o n 1G • the adopted neighborhood plan. In particular these standards shall promote: • a. Street development which is compatible with the physical and social characteristics of each neighborhood to promote neighborhood identity and beauty. b. The minimum scale of improvements necessary to provide adequate, but not excessive capacity, required to safely handle automobile traffic generated by planned land uses. c. Solutions to stormwater problems and surface water management issues. d. The safety and utility of pedestrians, bicyclists, transit users and motorists. 5. The City shall ensure that new development which will use new and existing neighborhood collectors and local residential streets are compatible with these streets' function and character. Development approval of new land uses shall ensure that: a. The quiet residential quality of neighborhood streets is fostered and maintained; and, b. Street improvements required to serve new land uses are designed in accordance with the adopted neighborhood plan and to the minimum necessary scale. 6. The City and neighborhood associations shall jointly plan for the • use of public rights-of-ways in residential neighborhoods. Uses within rights-of-way shall be supportive of the multi-use function of neighborhood streets and may include: a. Pedestrian paths and bikeways; b. Vehicular related uses as on-street parking, transit facilities and driveways; and, c. Urban design, public utility, safety and beautification elements such as street trees, public seating, street lights, wheelchair ramps and sidewalk extensions. GOAL 4: LAND USE AND TRANSPORTATION RELATIONSHIPS The City shall use the following criteria when reviewing proposals for new street development or for improvements to the existing system: a. The service level and scale of new street improvements are appropriate to the land use or area to be served; Lot 3 P a r c i t i o rt 17 S • r. '.i 'v a) 4) b. Surface water management considerations are adequately • addressed; c. The character of surrounding residential neighborhoods are defined by the adopted neighborhood plan is preserved. When improvements are made to major streets that are adjacent to, or bisect, residential areas, measures shall be taken to mitigate noise, aesthetic and safety impacts and discourage cut-through traffic on adjacent residential streets; and, d. The project's impacts upon the natural and human-made surroundings are clearly defined. This includes consideration of topography, hydrology, distinctive natural areas, vegetation, and surrounding land uses. The commitment to mitigate impacts shall occur in the project planning stages through the application of specific design techniques. 2. Mitigation of the negative impacts (safety, aesthetics, noise, bicycle and pedestrian mobility), resulting from improvements to a street needed to serve a specific development shall be paid for by the benefitting property owners.When street projects are needed to improve the capacity, operation and safety of the street system as a whole, the mitigation of negative impacts shall be paid for by the City and/or appropriate funding agencies. 4. The City shall require that a proposed increase in land use 111 intensity be accompanied by a detailed traffic analysis, using current information, which finds that existing streets and intersections both on and off site will accommodate the projected traffic increases, or necessary improvements can be constructed which are in conformance with the Comprehensive Plan Transportation Map. Mitigation of negative impacts (Noise, aesthetics, safety, bicycle and pedestrian mobility) shall be paid for by the benefitting property owner. 6. The City shall require dedication of right-of-way for transportation facilities as a condition of development approval where: a. The abutting transportation facilities do not include sufficient right-of-way to comply with the Comprehensive Plan Transportation Policies, standards and street classification or with transportation facility design standards adopted by the City Council; and b. The proposed development will result in increased use of or greater impact on the abutting transportation facilities. Lot 3 P a r c i i i o n 18 • ' .i t J 9. The City shall, for all development projects, evaluate the adequacy of all transportation modes, to, from, and within the • development site. The City shall ensure that: a. The design and location of driveways provides for safe and efficient property access and does not interfere with the safe flow of traffic or degrade the design capacity and adjacent streets; and b. Alternative transportation modes have been provided for, such as public transit, bicycling and walking. 10. The City shall require new development, through building and site design measures, to address the needs of the disabled and those who utilize alternative transportation modes such as van and car-pools, bicycles, public transit and walking. 11. The City's transportation planning efforts shall consider and promote energy conservation and enhancement of air quality. 12. The City shall discourage the development of private streets. When private streets are allowed, they shall be constructed to City standards. GOAL 5: ALTERNATIVE TRANSPORTATION POLICIES • Lake Oswego shall undertake measures to reduce automobile travel. GOAL 10: PARKING Adequate on-site parking and loading facilities shall be provided for all land uses. GOAL 13: ENERGY CONSERVATION 4. Require energy-efficient land use and circulation patterns through mixed use development, promoting high density developments near transit and major employment and shopping opportunities, and design of developments to encourage alternative transportation. 5. Promote energy efficiency through site planning for all types of development including residential subdivisions, multifamily, commercial and industrial projects. L o , 3 P o r t i t z o n 19 • h • B. COMPLIANCE WITH CITY OF LAKE OSWEGO ZONING CODE • 1. Residential Low Density, R-15 District Permitted Uses —(48.06.195) The proposed usage of the site, one single- family dwelling per each of two proposed lots, is permitted in the underlying R- 15 zoning district per Section 48.06.195.1. Conditional Uses —(48.06.200) No conditional uses are proposed as part of this application. Maximum Density, Density Bonus— (48.06.205) The allowable density for the site is 2 dwelling units based upon the site having 41,000 sq. ft. net developable area, divided by 15,000 square feet - the minimum lot area per unit in the R-15 zone. The proposed development includes two total dwelling units, which is less than the maximum permitted density. The original Bergis Farm Estates subdivision staff report (Appendix B) found that there was a total density opportunity for 24 dwelling units within the subdivision. The one additional proposed lot with one potential dwelling unit would bring the total number of dwelling units within the subdivision to 15, still within the original allowed density, thereby satisfying this standard. No density bonus is requested. • Lot Sizes and Dimensions (48.06.210)—Section 48.06.210(2) states that minimum lot area and dimensional standards of the underling zone may be reduced for projects which are reviewed as planned developments. However, both of the proposed lots exceed the 15,000 square foot minimum lot size of the R-15 zone and therefore no reduction to the minimum lot size is necessary. The minimum lot depth standard for the R-15 district is 100 feet. Both proposed parcels are more than 130 feet deep, thereby satisfying this standard. The proposed lot width at the building line for proposed parcel two will be approximately 73 feet which is less than the minimum 80 foot lot width at the building line typically required in the R-15 district. It is therefore requested that the minimum lot width for proposed parcel two be reduced to 70 feet (to allow some flexibility in final platting), using the flexibility of the PD process as permitted by Section 48.18.476.2. This minor proposed deviation from a lot dimensional standard will not result in a reduction of privacy or an inappropriate scale of development since the dimensions of proposed lot two are such that any home will likely be located further back from the 25 foot minimum building setback line and where 80 feet of lot width will exist. The average lot width of proposed lot two will greatly exceed 80 feet. Lot 3Partition 20 • 3 Lot Coverage —Section 48.06.225.1 states that lot coverage for new construction in the R-15 zone may not exceed 25 percent. Based upon the • proposed lot sizes of roughly 16,000 and 25,000 square feet respectively, the potential lot coverages for parcels one and two would be 4,000 and 6,250 square feet square feet. These are adequate areas for the types of homes anticipated to be located within this subdivision. The applicant is willing to accept a condition of approval which limits the maximum lot coverage to 25% of the total lot area, consistent with the maximum lot coverage requirement of this section. Setbacks —In accordance with Section 48.06.215.3, setbacks for the Bergis Farm subdivision/planned development were established at the time of DRC review. The approved setbacks for the Bergis Farm development are the standard R-15 setback standards All lots are required to have a minimum front yard setback of 25 feet. The minimum rear yard setback is 30 feet. Minimum side yard setbacks are the R-15 standard of 15 feet. The existing home on proposed parcel one can satisfy these setback standards, with the exception of the rear building setback which is approximately 12 feet from the western boundary of the existing property line. The staff report and DRC decision for PD 3-97 recognized this non-conforming situation and noted that it did not preclude further development. Since the existing lot 3 is proposed to be split in a north-south manner, the proposed partitioning does not in any way affect this non-conforming situation. All other setback standards will be able to be met on both of the proposed parcels. Height of Structures — (48.06.225) The R-15 district restricts building • heights to 35 feet. This standard will not be exceeded for homes on either of the proposed lots. Compliance with this standard will be checked through building permit review of plans for a home to be built on proposed parcel two. 2. Planned Development Overlay Purpose and Procedures— Consistent with LOC 48.18.470, the development of the original 14 lots on 8.3 total acres in the Bergis Farm Estates subdivision was reviewed as a Planned Development (PD) since the subdivision would be classified as a major development per Section LOC 49.20.115. Because this partition/planned development is intended to be developed as one phase with recording of the partition plat, no Overall Development Plan and Schedule (ODPS) needs to be approved consistent with LOC 48.18.475. Consistent with the requirements of Section 48.18.480, a homeowner's association was established for the Bergis Farm subdivision to jointly own and be responsible for the open space tracts within the proposed subdivision and to govern certain activities within the development. Both of the proposed parcels will be subject to the CC&Rs of the subdivision. Lot 3 P a r t i t i o n 21 • .il: a) 4 • Section 48.18.490 provides for the City Manager to review minor modifications • to an approved planned development, subject to certain limitations including that the proposed modification would not increase the density of residential uses within the approved planned development. If the change does not meet the criteria for a City Manager reviewed minor modification, the application needs to be reviewed by the DRC under all of the typical planned development approval standards. Since the proposed partitioning to create one additional building lot could result in an increase in density, the proposed partitioning is to be reviewed by the DRC under the typical PD procedures. Article 48.20 Supplementary Provisions Vision Clearance —The proposed partition will not affect compliance of the existing development with the vision clearance standards since both of the proposed lots are not located at the intersection of streets. Vision clearance at any new driveway on proposed parcel two can be checked as part of building permit review. C. COMPLIANCE WITH DEVELOPMENT ORDINANCE AND OTHER APPLICABLE CODES AND STANDARDS Chapter 42 —Streets and Sidewalks • No new streets will be created through the proposed partitioning. The street plans for the Bergis Farm Estates subdivision were reviewed and approved through casefile PD 3-97. The street improvements required as part of that approval have been constructed and have been accepted by the City of Lake Oswego. The proposed creation of one additional lot along Bergis Farm Drive will not adversely affect the adequacy of those streets or require any additional street improvements. Chapter 55 -Tree Code The subject property has several trees scattered throughout the site. A survey of all trees of a caliper of five inches or greater is illustrated on Figure 2. No trees are proposed for removal as part of the proposed partitioning. A tree removal permit can be required, if necessary, for new home construction on proposed parcel two. Lot 3Port i t ro n 22 4111 D. COMPLIANCE WITH DEVELOPMENT STANDARDS 5.005 Street Lights • Street lights were installed on Bergis Farm Drive and Cornell Street as part of the Bergis Farm subdivision development. The proposed partitioning will not create the need for any additional streetlights. 6.005 Transit System Section 6.020.1 requires that all applicable development as defined by 6.010 of this section shall be required to provide transit-facilities and transit-oriented features as follows: a. The extent of the transit-oriented features and transit facilities required for a particular site on a transit street shall be determined by the city, in coordination with Tri-Met, based upon the analysis of: i. Level of existing and projected adjacent transit facilities. ii. Proximity of other ridership attractors, such as bus routes. iii. Size and trip generation potential of proposed development adjacent to transit street (within one-quarter mile of a transit street). iv. Expected transit ridership generated by the development. The proposed development is not situated adjacent to a street which currently • is served by transit. Pathways which might help someone within Bergis Farms Estates subdivision along their route to transit opportunities were constructed with subdivision development. No other improvements should be required as a condition of partitioning approval. 7.005 Off-Street Parking Vehicle Parking a. Required parking spaces shall be available for the parking of operable passenger vehicles of residents, customers, patrons and employees and shall not be used for the storage of vehicles or materials or for the loading and unloading or parking of vehicles used in conducting the business or use. Provision of off street parking spaces will be accomplished in the driveways and garages of individual residences on the two proposed parcels. The intention of the off-street parking spaces is to provide for the parking of passenger vehicles, and not for the storage or business loading and unloading use. Lot 3Portition 23 • • .�J • b. Number of Required Parking Spaces The two proposed residential lots will have ample space for a minimum of at least two off-street parking space, not including garages. Provision of these spaces will occur according to the standards of LODS Section 7.020 (Table 7.1). c. On-Site Location of Required Parking Spaces i. All required parking shall be off-street. Parking may not be located in a required yard or special setback, except where driveways for single-family residential use constitute the required parking area. The proposed residential lots will have ample space for a minimum of two required off-street parking space located in the driveways for each residence. ii. Except for tandem parking in residential developments of single-family detached and attached dwelling units, duplexes, and zero lot line dwelling units, design shall insure that the parking of any vehicle shall not interfere with the parking or maneuvering of any other vehicle. The preliminary design of driveway entrances has not yet occurred. The City • can check this through the building permit process for each residence so as to ensure that the parking of any vehicle will not interfere with the parking or maneuvering of any other vehicle. Tandem parking is not a planned component of the proposed site and building plans. f. Parking Dimensions ii. The minimum dimension to meet single family residential parking space requirements shall be eight feet six inches wide and 18 feet six inches long for each space. The design of the proposed off-street residential parking spaces in each individual driveway will conform to these dimensions for the minimum off- street parking space requirement 7.020(1)(b)(i). 2. Bicycle Parking a. Bicycle parking shall be provided for all new multiple family residential developments (4 units or more) and commercial, industrial and institutional uses, except seasonal uses, such as fireworks stands and Christmas tree sales; drive-in theaters; and self-storage facilities are exempted. Lot 3Parlitiort 24 J7 The proposed development is not considered a use similar to those outlined in this section 7.020(2)(a). As such, no bicycle parking requirements apply to the • proposed two lot single-family residential development. 8.005 Park and Open Space — Commonly owned open space with an aggregate area greater than the minimum 20 percent of gross site standard for major developments was provided with recording of the plat for the Bergis Farms Estates subdivision. The open space tracts are commonly owned and managed by the Bergis Farm Estates subdivision homeowners association, which the owners of the two proposed parcels will belong to. No additional open space should be necessary as part of the proposed partitioning. 9.005 Landscaping— Street trees were provided as part of the original subdivision application No additional street trees should be necessary as part of the proposed partitioning. No buffering or screening should be required since the proposed parcels will be utilized for low density single family residential development, the same as the surrounding land uses. 11.005 Drainage Standards —Storm water from the subject parcels will drain to the existing storm water swales and detention pond in Tract A The pond was constructed of an adequate size to handle any additional flow which might result form development subsequent to partitioning of the site. 14.005 Utility Standards —All required utilities for the Bergis Farm Estates subdivision were installed by the site developer in compliance with City • standards. The proposed additional home on proposed parcel two will connect to these existing utility lines. All utility lines in the subdivision have been placed underground. 18.005 Access — Consistent with LODS 18.020(2), access for the proposed subdivision has been designed consistent with the listed factors. Access to the proposed parcels will occur from the existing Bergis Farm Drive. Consistent with LODS 18.020(1), all lots will have at least 50 feet of street frontage, far in excess of the minimum frontage standard of this section. 19.005 On-Site Circulation —Driveways and Fire Access Roads 19.020 Standards for Approval a. On corner lots where the adjacent streets are fully improved to their anticipated ultimate width, the nearest edge of a proposed driveway to the intersection shall be no closer than 30 feet when measured from the projected curb Lot 3Partition 25 1111 J of the street that is the most parallel to the alignment of • the proposed driveway. c. On lots with less than 75 feet of contiguous frontage on a single public street, only one driveway shall be permitted along that frontage. All proposed lots have less than 75 feet of contiguous frontage. Only a single driveway accessing onto the public street will be possible for each lot. d. All driveway approaches shall be located and designed so that the driver entering of exiting the driveway can see approaching traffic for a sufficient distance to make a safe entrance and exit. AASHTO standards shall be used in determining compliance with this standard. The proposed parcels are located on the inside of a curve such that driveways will be able to be well located so that drivers will be able to have adequate sight vision both east and south on Bergis Farm Drive. Compliance with the AASHTO standards for driveways on these parcels can be checked as part of the building permit applications for these lots. No problems with meeting these standards are anticipated. e. The maximum width of a driveway approach, measured • where the edges of the driveway meet the right-of-way, shall be governed as follows: i. Single family residential with garage door(s) facing the street: 12 feet per garage or carport stall, but not to exceed 30 feet. ii. Single family residential with side-loading garage: 24 feet. The driveway widths for the proposed lots have not been specified. The applicant is willing to accept a condition of approval requiring that the driveways on each lot comply with this standard. 2. Driveway Widths a. Driveways shall conform to the minimum width requirements of LOC 15.06.610 (Uniform Fire Code) and LODS 7, "Off-Street Parking, Loading and Bicycle Access Standard". The driveway widths for the proposed lots have not been specified. The applicant is willing to accept a condition of approval requiring that the driveways on each lot comply with the driveway width standards of the Uniform Fire Code and LODS 7 "Off-Street Parking, Loading and Bicycle Access Standard". Lot 3 Pa r t t t , o tt 26 • 3. Driveway Grades The preliminary driveway grades proposed as part of this application will not • exceed 20 percent. These standards are typically reviewed as part of building permit review and in the field construction review. 7. Easements Required All driveways will be located on their own lots. No easements are needed. 20.005 On-Site Circulation Standards—Bikeways,Walkways and Accessways 20.010 This standard is applicable to all minor and major development involving the construction of a new structure other than a detached single family dwelling, duplex, or accessory structure, and subdivisions and planned developments. This standard is also applicable to modifications which increase the square footage of commercial, industrial or institutional buildings by more than ten (10) percent. This standard specifies that it "is applicable to all minor and major developments involving the construction of a new structure." This application is for a major development involving the construction of new • structures. However, the standard continues on to state certain exceptions ("other than") which are; "detached single family dwelling, duplex, or accessory structure, and subdivisions and planned developments." As planned developments are by definition "major developments", it is clear that planned development are singled out by this code language as specifically excluded from applicability of this section. Therefore, the standard is not applicable to this application. Lot 3Part t t zo n 27 • s0 fr. SCHOLLANDER DEVELOPMENT COMPANY RESIDENTIAL &COMMERCIAL DEVELOPMENT ' NEIGHBORHOOD MEETING A Neighborhood Meeting was held at 6:00 p.m. on Tuesday, March 14, 2000, at 17392 Bergis Farm Derive. In spite of mailing to the neighbors and to the local Neighborhood Association on February 21, 2000, and in spite of Public Notices being posted, no one but my self attended the meeting. Sincerely, s(: "Zir4e4a- Donald A. Schollander DAS/sip EXHIBIT 10 LU 00-0069 So a 5285 S.W MEADOWS ROAD,SUITE 379 • LAKE OSWEGO,OREGON 97035 • (503) 624-0401 • CCU 040a7JAA SCHOLLANDER DEVELOPMENT COMPANY P RESIDENTIAL COMMERCIAL DEVELOPMENT EN & S February 21, 2000 TO: RE: Proposed Minor Lot Partition As the owner of Lot 3 of the Bergis Farm Estates subdivision (17345 Bergis Farm Drive), I am in the process of applying to the City of Lake Oswego for permission to divide the approximately 41,031 square foot lot into two lots of approximately 17,000 square feet and 24,000 square feet. The other lots in the subdivision range in size between 15,133 square feet and 16,744 square feet. If you are interested in attending a meeting to learn more about the proposed partition, I • would like to invite you to a join me at 6:00 p.m. on Tuesday, March 14th, at the home we have for sale at 17392 Bergis Farm Drive(Lot 10). Please feel free to call me with any questions regarding this matter. Sincerely, Donald A. Schollander DAS/sip • App &p,x D 5285 S.W. MEADOWS ROAD, SUITE 379 • LAKE OSWEGO, OREGON 97035 • (503) 624-0401 • CCB,#0,04i 1A8 • NOTICE Lot 3 of the Bergis Farm Estates Subdivision is being proposed to be split into two lots as a Minor Lot Partition, by the owner of the lot, Schollander Development (503-624-0401). 2/22/00 • APeJD,,,chf3 I AFFIDAVIT OF MAILING STATE OF OREGON ) ) SS County of Clackamas ) I, Donald A. Schollander, being duly sworn, depose and say that on February 21, 2000, I caused to have mailed to each of the persons on the attached list a notice of a meeting to discuss a proposed minor lot partition at Lot 3, Bergis Farm Estates subdivision(17345 Bergis Farm Drive), a copy of which notice so mailed is attached hereto and made a part hereof. • I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office with postage prepaid thereon. Signature Subscribed and sworn to, or affirmed before me this 144h day of March , 2000. Notary Public My commission expires: .3/.9q/o 1 Pre-App. No.: e7r - 961%n y OFFICIAL SEAL • r'ir :. SUSAN I Pf CE NOTARY PUBLIC-OREGON ' COMMISSION NO.063041 MY COMMISSION EXPIRES MAR 28. 2001 APPEAJok: t;" .4 FetthMa1l 1tceive the foil.�� � `�� � , ,. �Insurance Coverage Provided. Compete kerns 3,4a,ivrf 4tkle¢_f t. }T��, ' .'s F'f 14. . ? }7 ge 3 Print your/tame and address on the reverse of this torte so that we cars/clam this ''' :, sF` .,-s, v.......- 1. ▪..."')1 ?.., Do not use for International Mail(See reverse) 1 aid to you. .P.+:r,a�.....-'-. .::.;.,�_ ..` �.. ^"-'- ❑Addressee's Address • I Sent to 0 Attach this form to the bore of the meripeoe,«on the back d space does not • . , perm. . 4-, , ,7. %7: i;. c,I:- 2 ❑ Restricted Delivery 7. , ;t�':J I�� Number O Write'Return Receipt Requested'an the;tailpiece below the amide nuirrtber. a The Return Receipt will stow to whom the article was delivered and the date ▪ r Post Office,State.3 ZIP Cade I.Article Add ed to: Article Number LAKE OS E6O oR 97034 I . -7 I 4, 14a. � ->1U 6 g I c� S t'1 Postage $ 0.33 J `�i--41- IAA e w I c)Ci� 4b.Service Type _,. ;: y ❑Registered certified ICertified Fee I �1''') ❑ Express Mail Insured 1.40 + J V `j 0 Return Receipt for Merchandise ❑COD ••. I Special Delivery Fee `� :. 7.Date of Delivery ,, IRestricted Defnery Fee -.2 O v Rehr w. to 5.Rece'1- Mt Name) pp 8.Addressee's Address(Only if requested a �� I 1.25 L L lee is paid) I I i•,hell for of I �s --/ tgna �/ ��"�v I 0TALt I$ 2.98 I PS Fo m 3811,December 1994 102595.99-B-0223 Domestic Return Re I or ate`2 tore: USPS so �b-t \:= Clerk: KYC3SZ r - _• - .._. .. ----- _ ��__�._�___ " a OVZ1/00 • ENDER: I also wish to receive the folic Do not use for International Mali is e r lel r.// r compete items 1 and/or 2 for additional services. ing services(for an extra fee). Sent to Complete items 3.4a,and 4b. Print your name and address on the reverse of this form so that we can return this card to you. 1• 0 Addressee's Address Street&Number Math this form to the front of the mailpiece,or on the back it space does not 2. 0 Restricted Delivery permit. Post Office,State,S ZIP Code Write'Return Receipt Requested'on the mailpiece below the article number. The Return Receipt will show to whom the article was delivered and the date LAKE OS'400, OR 97035 delivered. Postage 0.33 I Article Addressed to: 4a.Article Number Certified Fee 1.40 I Z 4b.Service Type ❑ Registered Certified • Special Delivery Fee L_ v v Z- ❑ Express Mail Insured ❑ Return Receipt for Merchandise D COD 3 -"' 4, 7.Date of Delivery • m=wing ;- 2�rQ0 �r G _ 1.25 `' Yn4 /\ /�<i <3 /ZSqReiv By:. t Name) 8.Addressee's Address(Onlyif requested ar 1 g le,Vat:sees fee is paid) l k1_12.1.c9 $, $ 2.98 Signature(Addre a or Agent E Store: LISPS 6 Clerk: KYC3SZ Form 3811,December 1994 102595.99-8-0223 Domest,c Return Rec a_ 02/' r00 1,____________..___________ - -' '-----"ter r -- ........ ...«.. I.. . . - No Insurance Coverage Provided. Do not use for International Mail(See reverse) sent 10 I SENDER-.Street Number a Complete items t and/or 2 for additional services. I also wish to receive the lollc ing services(for a• e'r extra le Complete items 3.4a.and 4b. Jo Print your name and address on the reverse of this form so that we can return this Post Office.State,i&ZIP Code card to you. 1. D Addressees Adcress 0 Attach this form to the front or the marlpiece,or on the back if space does not LAKE OSb1E60, OR 97034 permit. 2.0 Restricted Delivery o Write'Return Receipt Requested'on the mailpiece below the article number. Postage $ 0.33 a The Return Receipt will show to whom the amide was delivered and the date delivered. Certified Fee 1.40 1 3.Article Addressed to: 4a.Article Number Special Delivery Fee 7 Li-io G 9 I v , O 4b.Service Type ed Delivery Fee ,/_ 0 h7 0 ( d ?O CI CI Registered Certified in 0 Express Mail Insured rn � g to - 1 v ci')` ❑ Return Receipt for Merchandise 0 COD IIIII - Y a lE.Trtirylki EE 7.Date of Delivery 1 6 ao t AL ge 3 . eceiv By.(P nt N ) 8.Addressee's Address(Only if requested ar 07 /dcUate 2.98 �✓ A� ""r�JC/ lee is paid) - . a.. E s' tare: USP9 e ddresseeorA gent) '�i f a S u_ O �L Clerk: KYC3SZ 9 9 ) to 1 a 02/22/00 PS Form 3811,December 1994 t02595.99-B-0223 Domestic Return Rec S Michelle Sunken Carlson Custom Homes Inc. 1701 Aspen 17051 SW Rivendell Dr. Lake Oswego,OR 97034 Tigard,OR 97224 Ginny Sunken Magna Corporation 1701 Aspen Street 8249 SW Cirrus Dr. Lake Oswego,OR 97034 Beaverton,OR 97008 Janey Pearcy Gilbert Rodriguez 16081 Pearcy Street 17285 Cornell St. Lake Oswego,OR 97034 Lake Oswego,OR 97034 Paula McHenry 1220 Pine Street Lake Oswego,OR 97034 Curt Woller 1137 Spruce Street Lake Oswego,OR 97034 Martha Dean 1691 Larch Street Lake Oswego,OR 97034 • Rush Family LLC 18422 Sandpiper Way Lake Oswego,OR 97035 Kevin&Gail Keck 17323 Bergis Farm Dr. Lake Oswego,OR 97034 Larry Ross Petersen P.O. Box 33637 Phoenix,AZ 85067 Albert&Janice Weller 2020 Cornell St. Lake Oswego,OR 97034 1111 a,%. IL oiwe 4'cs INOr oR«oi 0 Name of Applicant (5)C<?c /�GIhfe OK-Vofa,,,—,J Pre App # Ot" —OOO�f Subject Property: Tax Lot (s) XO-/ 3 Se7 $ "fax Map (s) :2- Address or General Location: / ir' '5 . w? AFFIDAVIT OF POSTING NOTICE I, t 9A) S A'c/.4/f,vA£, ' , do swear or affirm that I am (represent)the party intiating interes in a proposed W.io r /ter', 1 A r 7`i //,4-7 affecting the land located at /O f 3 A'r,-; gsSfirZS ,f'i>,,;"4'src;and that pursuant to LOC 49.36.70 Ham!did on the A.2 day of ,b rwa r y ,`1,Q 20'spersonally posted the notice indicating that the site ma be proposed for a "1e; s r F /v.-74, 2 /v7is ), application. The sign was posted at: / 7J igFr i/3 P� • �'C�' / (state location on property) �Dated THIS �.z ti day of wa ✓ - , 2© PI • Signature a rDo Subscribed and sworn to,or affirmed, before me this (H th day of 11r11irc:h , 1.9_ • STATE OF OREGON COUNTY OF CLACKAMAS --- <:1 1 a llotary Public for the State of Oregon ! •"Po�� OFFICIAL SEAL rta SUSAN I PRICE 'b�� ./Q / • NOTARY PUBLIC•OREGC COMMISSION NO 063041 • My Commission Expires MY COMMISSION EXPIRES MAC P:\forms\postafid3 • - t Revised IIPPeoz/X F • • S /• R Q :ili •l .7 1 BEFORE THE DEVELOPMENT REVIEW COMMISSION • 2 OF THE 3 CITY OF LAKE OSWEGO 4 5 6 A REQUEST FOR APPROVAL OF A 14-LOT ) PD 3-97 - 1217 7 SINGLE-FAMILY RESIDENTIAL PLANNED ) Schollander Development Co. 8 DEVELOPMENT. THE EXISTING HOME WILL) FINDINGS, CONCLUSIONS & ORDER 9 BE RETAINED ON ONE LOT. ) to 11 12 NATURE OF APPLICATION 13 14 The applicant is requesting approval of a 14-lot single-family residential planned development. 15 The existing home will be retained on one lot. The site is located at 17315 Cornell Street (Tax Lot 16 200 of Tax Map 21E 15B). 17 18 19 HEARINGS 20 21 The Development Review Commission held a public hearing and considered this application at 2 its meeting of June 16, 1997. 23 24 25 CRITERIA AND STANDARDS 26 27 A. City of Lake Oswegg Comprehensive Plan: 28 29 Goal 1: Citizen Involvement Policies 30 Goal 2: Land Use Planning Policies 31 Goal 5: Open Space, Scenic, Historic,Natural Resources 32 Goal 6: Air, Water, Land Resources Quality 33 Goal 7: Areas Subject to Natural Disasters and Haw.ards 34 Goal 8: Parks and Recreation 35 Goal 10: Housing Policies 36 Goal 11: Public Facilities and Services 37 Goal 12: Transportation 38 Goal 13: Energy Conservation 39 40 B. City of Lake Oswego Zoning Ordinance: 41 42 LOC 48.02.015 Definitions 3 LOC 48.02.045 Official Action 44 LOC 48.02.105 Revocation of Approval PAGE 1 PD 3-97- 1217 EXHIBIT 11 LU 00-0069 u t 9 I t �JcLSe 5 r 1 LOC 48.06.195 - 48.06.225 R-15 Zone Descriptions 2 LOC 48.18.470 - 48.18.490 Planned Development Overlay • 3 LOC 48.20.530(2) Vision Clearance 4 LOC 48.20.535(4) Special Street Setback 5 LOC 48.26.700(1) Non-Conforming Use, Structure Defined 6 7 C. City of Lake Oswego Development Code: 8 9 LOC 49.16.015 Definitions 10 LOC 49.16.020 - 49.16.030 Application of Code, Planning Director 11 Authority, Fees 12 LOC 49.16.035 Development Permit Required 13 LOC 49.16.040 Development Permits Restricted 14 LOC 49.20.115 Major Development 15 LOC 49.22.200 Burden of Proof 16 LOC 49.22.205 Development Standards 17 LOC 49.22.220 Review Criteria for Major Developments 18 LOC 49.22.225 Conditions of Approval 19 LOC 49.30.500 -49.30.510 Application Requirements 20 LOC 49.36.700 - 49.36.720 Application Procedures 21 LOC 49.40.800 Review by Planning Director 22 LOC 49.44.900 - 49.44.920 Review by Hearing Body/Notice of Public 23 Hearing • 24 LOC 49.46.1000 - 49.46.1035 Hearings Before Hearings Body 25 LOC 49.58.1400 -49.58.1430 Compliance with Approved Permit 26 27 D. City of Lake Oswego Development Standards: 28 29 5.005 - 5.020 Street Lights 30 6.005 - 6.040 Transit System 31 7.005 - 7.040 Parking &Loading Standard 32 8.005 - 8.040 Park and Open Space 33 9.005 - 9.040 Landscaping, Screening and Buffering 34 11.005 - 11.040 Drainage Standard for Major Development 35 14.005 - 14.040 Utilities 36 16.000 - 16.040 Hillside 37 18.005 - 18.040 Access 38 19.005 - 19.040 Site Circulation - Driveways and Private Streets 39 20.005 - 20.040 Site Circulation - Bikeways and Walkways 40 41 E. City of Lake Oswego Sign Code: 42 43 LOC Chapter 47 44 • 45 PAGE 2 PD 3-97- 1217 r- " 1 F. City of Lake Oswego Code Chapter 45. Buildings: 11023 LOC 45.15, "Fences" 4 5 G. City of Lake Oswego Subdivision Ordinance (LOC Chapter 44): 6 7 LOC 44.08.381-44.08.382 Residential Streets 8 LOC 44.08.384 Grades 9 LOC 44.08.385 Curves 10 LOC 44.08.386 Intersections 11 LOC 44.08.390 Length of Cul-de-sacs and Dead End Streets 12 LOC 44.08.398 Sidewalks 13 LOC 44.08.391 Street Names 14 15 H. City of Lake Oswego Tree Ordinance: 16 17 LOC Chapter 55 18 19 I. City of Lake Oswego Solar Access Ordinance (LOC Chapter 57): 20 21 LOC 57.02.005 Definitions 22 LOC 57.04.015 Applicability 223 LOC 57.04.020 Design Standards 4 LOC 57.04.025 Exemptions from Design Standards 25 LOC 57.04.030 Adjustments to Design Standards 26 LOC 57.04.035 Protection form Future Shade 27 28 J. Oregon Administrative Transportation Planning Rule 660-12-000 - 660-12-070 29 30 31 CONCLUSION 32 33 The Development Review Commission concludes that PD 3-97 can be made to comply with all 34 applicable criteria by the application of certain conditions. 35 36 37 FINDINGS AND REASONS 38 39 The Development Review Commission incorporates the June 6, 1997 staff report on PD 3-97 40 (with all exhibits attached thereto), as support for its decision, supplemented by the further 41 findings and conclusions set forth herein. In the event of any inconsistency between the 42 supplementary matter herein and the staff report, the matter herein controls. To the extent they 43 are consistent with the approval granted herein, the Commission adopts by reference its oral 404 deliberations on this matter. 45 PAGE 3 PD 3-97- 1217 4 1 Following are the supplementary findings and conclusions of this Commission: 2 •3 1. The Commissioners considered testimony from the applicant regarding the installation of 4 street lights on Cornell Street and Bergis Road. Based upon concerns expressed by 5 neighbors at the neighborhood meeting and in consideration of the current rural character 6 of the area, the Commissions found that the applicant's request was reasonable to defer 7 the installation of these street lights until further development occurred on adjacent 8 properties. The applicant expressed willingness to install the underground wiring and 9 other necessary facilities for the street lights at this time and to provide a form of security 10 to the City for future installation of the light standards and luminaires. The security may 11 include cash payment upfront for the full cost of the lights which would be deposited in 12 the City's street light fund for future installation. The applicant intends to install the 13 street lights as proposed on the internal streets (Exhibits 7; 12, page 29; and 18). 14 15 2. The Commissioners heard testimony from Mr. Black,the property owner to the south of 16 Bergis Road (Tax Lots 790 and 800 of Tax Map 2IE 15 B). Mr. Black expressed 17 concern about the effect of water-born pollutants from the proposed development on his 18 property, particularly his pond which is stocked with fish. Mr. Black did not oppose the 19 proposal itself, but wanted more assurances that his property would not be negatively 20 impacted. The Commission considered the applicant's testimony that the bio-filtration 21 swales and storm water detention pond were actually overdesigned for the magnitude of 22 the development and should not negatively impact the adjacent property. The 23 Commission found that the applicant should provide additional analysis of the proposal • 24 on the downstream property and amend their designs, if necessary, to provide additional 25 assurances for the management of erosion control and pollutant runoff. 26 27 3. These findings reflect a renumbering of the Conditions of Approval A.1. through A.11. 28 because of a typographical error in numbering. These Findings reflect the revised 29 numbering A.1. through A.10. 30 31 4. The Commission found that Condition of Approval A.8. should be amended to include a 32 statement in the CC&Rs acknowledging that the planned development is adjacent to a 33 current farm use. The intent of this statement is to notify future home owners that 34 activities associated with agricultural uses may occur, such as spraying and fertilizing. 35 36 37 ORDER 38 39 IT IS ORDERED BY THE DEVELOPMENT REVIEW COMMISSION of the City of Lake 40 Oswego that: 41 42 1. PD 3-97 is approved, subject to compliance with the conditions of approval set forth in 43 Subsection 2 of this Order. • 44 PAGE 4 PD 3-97- 1217 J L `j`-• • l 2. The conditions for PD 3-97 are as follows: • 3 A. Prior to Approval of the Final Plat. the Applicant/Owner Shall: 4 5 1. Illustrate the following information on the final plat: 6 7 a. "Individual property owners shall be responsible for and shall bear 8 the expense and/or replacement costs of fences and/or landscaping 9 in all public easements when said fences or landscaping must be to removed for access to utilities." 11 12 b. "Private Open Space Tracts "A" and "B" shall remain in their 13 natural condition to provide a scenic, aesthetic appearance;protect 14 natural processes; provide passive recreational uses, or maintain 15 the native vegetation of the open space. The City may approve 16 activities that enhance the natural qualities of the open space and 17 meet the above purpose of the open space. Improvements in these 18 areas,which are in keeping with the above purpose, including 19 public utilities must be approved by the City of Lake Oswego. 20 This note shall not restrict the maintenance activities required for 21 the drainage easement portions of Tract"A". No buildings or 22 structures shall be allowed in these areas." S23 24 c. "The storm water quality facility located within Tract"A" is a 25 private facility,to be maintained by the Homeowner's Association. 26 A public storm drainage and storm water detention easement shall 27 be provided within the entirety of Tract "A," and an easement for 28 the operation and maintenance of public drainage and storm water 29 detention facilities shall be granted to the City of Lake Oswego." 30 31 d. Utility easements, including those for sanitary sewer, water, 32 surface water management, drainage, access and public easements 33 over open space Tract "A". All public easements shall be 34 conveyed to the City in the plat's declaration, 35 36 e. Street trees planted outside street right-of-way, which conform to 37 the approved City of Lake Oswego planting plan, can only be 38 removed with prior approval of the City of Lake Oswego. 39 40 f. Setbacks, Lot coverage, Building Height are as follows: 41 42 Front 25 feet 43 Rear 30 feet Street Side 15 feet Other Side 15 feet j3 PAGE 5 PD 3-97- 1217 i Lot Coverage 25% 2 Building Height: 35 feet • 3 4 2. Submit a revised site plan showing building setbacks, and the required 5 vision clearance areas on all corner lots per the requirements of LOC 6 48.20.530 (Table 48-2). 7 8 3. Dedicate sufficient right of way to provide a 30 foot wide half right of way 9 on Bergis Road and Cornell Street. 10 11 4. Create a separate public tract covering the emergency accessway to Bergis 12 Road and convey it to the City on the plat. Specify the purpose of the tract 13 in the plat notes. 14 15 5. Label the ten foot wide storm drain easements serving Lots 3 and 4 and 16 Lots 7 and 8 as private easements, and devise a plat note stating that the 17 maintenance of the storm drains located therein is the responsibility of the 18 benefited lot owners. 19 20 6. Illustrate a six foot wide public utility easement along the new street 21 frontage of all lots. On lot frontages where there will be no landscape strip 22 in the right of way, devise a note stating that the six foot wide public 23 utility easement is also a street tree easement. 24 25 7. Convey a public sewer easement over private open space Tract "B" for the 26 sewer designed to serve offsite properties to the north. 27 28 8. Submit covenants, conditions, and restrictions (CC&Rs) and bylaws of the 29 homeowners association which address the ownership, use, liability and 30 maintenance of the open space Tracts "A" and"B" for review and 31 approval of staff. These documents shall also provide the City an 32 enforcement authority to assure reasonable maintenance of these tracts at 33 the property owners' expense should the association fail to meet its 34 maintenance responsibilities. The CC&Rs shall also include an 35 acknowledgment that the Planned Development is adjacent to current farm 36 uses. 37 38 9. Identify all solar lots on the final plat. Provide a plat restriction, or other 39 appropriate legal instrument to be recorded at the Clackamas County 40 Recorder's Office, subjecting those lots that abut solar lots to the 41 requirements of LOC 57.04.035 (protection from future shade). 42 43 10. Construct all public improvements or provide a financial guarantee to 44 ensure construction of the public improvements to the City satisfaction as • 45 prescribed in LOC 49.58.1415. PAGE 6 PD 3-97- 1217 .J4 41112 B. Prior to Approval of the Final Construction Plans. the Applicant/Owner 3 Shall: 4 5 1. Submit the following plans prepared by registered professional engineers 6 for review and approval of the City Engineer (prepared in accordance to 7 the City's design specification manuals) illustrating: 8 9 a. A final grading and erosion control plan complying with the 10 requirements of LOC Chapter 52 (Erosion Control). The erosion 11 control plan shall: 12 13 i. Incorporate construction measures and activity scheduling 14 that specifically address the issue of minimizing the 15 potential for silt laden runoff reaching the farm pond to the 16 south (Tax Lot 700 of Tax Map 21E 15B.) 17 18 ii. Incorporate the recommendations of the geotechnical 19 investigation by Carlson Testing, Inc.(Exhibit 13) into the 20 construction specifications and erosion control plan. 21 22 iii. Design the grasscrete (or equal pervious pavement) pedestrian/emergency access connection to Bergis Road to 24 withstand H-20 wheel loads. Provide a typical cross 25 section and manufacturer's installation instructions. 26 Provide reflectorized, breakaway or similar bollards at the 27 north end of the accessway, for the review and approval of 28 the Fire Marshal. Propose signage to deter unauthorized 29 vehicular use. 30 31 b. A widened pavement section along the edges of Cornell Street and 32 Bergis Road to serve as a bike and pedestrian way delineated from 33 the vehicle travel lane by a white paint stripe. The widened 34 pavement shall be of such a width as to provide an 11-foot wide 35 travel lane and a five foot wide path measured from the existing 36 painted centerline. 37 38 c. The pavement section of the new streets are designed according to 39 the California Bearing Ratio (CBR) values of the underlying soils. 40 41 d. The overhead wires along the Cornell Street frontage are relocated 42 underground. e. The installation of street lights as generally shown on the 45 preliminary plans (Exhibits 7 and 18) except that the street lights - r PAGE 7 PD 3-97- 1217 L J 1 on Bergis Road and Cornell Street shall match the style used on the 2 internal streets. The installation of the light standards and 3 luminaires on Bergis Road and Cornell Street shall be deferred 4 until the parcels on the opposite side of these roads are further 5 developed. However,the applicant shall install underground 6 wiring and any required associated facilities and provide a security 7 to the City to ensure installation of the light standards and 8 luminaires at a future date. 9 10 f. The identification of the lots which need water booster pumps to I I maintain 40 psi at the highest anticipated plumbing fixture on the 12 lot. 13 14 g. The extension of the public sanitary sewer line through the site to 15 the north property line in the general vicinity of the northeast 16 corner of Lot 2. 17 18 h. The incorporation of any pavement restoration conditions imposed 19 by Clackamas County into the notes for the plans for the offsite 20 sanitary sewer line in Bergis Road. 21 22 i. A final drainage plan complying with the design criteria of the 23 City's Drainage Design Manual and ensuring adequate review and • 24 analysis of potential impact on water quality downstream, 25 specifically including the pond/lake located on the adjacent 26 property to the south (Tax Lots 790 and 800 of Tax Map 21E 15B.) 27 28 j. The design of the ends of the stub streets so that all street runoff 29 will be captured by the public storm drain system and not run 30 down the future driveways at the ends of the street. 31 32 k. A construction note calling for the abandonment of the existing 33 septic system according to the provisions of the Uniform Plumbing 34 Code. 35 36 1. A construction note stating that a road opening permit from 37 Clackamas County shall be obtained prior to working in Bergis 38 Road or Cornell Street. 39 40 m. A construction note stating that no widening of Bergis Road or 41 Cornell Street shall begin until the City Charter election provisions 42 for street widening have been complied with. 43 44 2. Work with staff to develop a landscape plan which provides bio-diversity • 45 and year-round wildlife habitat in the open space tracts and which is more PAGE 8 PD 3-97- 1217 J!J 1 1 characteristic of the neighborhood. To that end, a final landscape plan 11102 shall be submitted which illustrates the following information for review 3 and approval of staff: 4 5 a. Street trees as proposed by Exhibit 7 on the internal streets. 6 7 b. Some street trees along Cornell Street and Bergis Road shall be 8 located in groupings within the open space tracts. 9 10 c. Use of native species for street tree purposes, such as Acer 11 macrophyllum, bigleaf maple; Alnus rubra, red alder; Abies 12 grandis, Grand Fir; Psedotsuga menziessi, Douglas fir; and 13 Quercus garryana, Oregon White Oak. 14 15 d. Landscaping within the emergency access tract which provides low 16 growing, low maintenance plantings along the edges of the 17 accessway. 18 19 e. Plant materials in the storm water detention pond shall be 20 appropriate for its usage. 21 622 f. A construction note that all landscaping, with the exception of 3 street trees along internal streets, shall be completed as part of 24 utility and street construction. 25 26 g. A maintenance plan to demonstrate that all mitigation plant 27 materials will be sufficiently watered on a continuous basis to 28 maintain their health and growth. 29 30 3. Submit a detailed tree removal plan showing all trees to be removed 31 during initial utility installation and housing construction period. 32 Removal of any trees 5" or greater in diameter, at 4.5' above ground, shall 33 be subject to a tree cutting permit application. 34 35 4. A tree preservation plan showing that all trees to be preserved are 36 protected by a four-foot high chain link fence with metal posts extended 37 around the drip line of any trees being saved. The contractor shall be 38 subject to fines, penalties and mitigation for trees that are damaged or 39 destroyed during construction. 40 41 C. Prior to widenjngBergis Road or Cornell Street: 42 41(34 1. Satisfy the public notice and election requirements stipulated in Section 40 of the City Charter. 45 '3 7 PAGE 9 PD 3-97- 1217 1 D. prior to release of plans permitting construction in roads outside the Citv's 2 maintenance jurisdiction, the Applicant/Owner Shall: • 3 4 1. Provide evidence of having obtained a road opening permit from 5 Clackamas County. 6 7 E. Prior to any On-site Grading or Other Construction Activity, the 8 Applicant/Owner Shall: 9 10 1. Obtain a tree cutting permit for all trees 5" or greater in diameter. 11 12 2. Install erosion control and tree protection measures as required by 13 approved plans. These measures shall remain in place throughout 14 construction period. The tree protection fence shall consist of a 4' high 15 chain link fence with metal posts, and shall extend to the drip line of any 16 trees within the protected area. 17 18 F. Prior to Issuance of any Buildin"Permits.. the Applicant/Owner Shall: 19 20 1. Complete all public improvements and provide the City with certified "as- 21 built" drawings conforming to the City's design standard, and receive a 22 certification of completeness from the City. 23 • 24 2. Complete all landscaping and mitigation planting in open space Tracts 25 "A" and "B" and street trees on Cornell Street and Bergis Road, as 26 approved by Condition B.2, above. 27 28 G. Prior to Receiving Final Building Inspection Approval. the Applicant/Owner 29 Shall: 30 31 1. Install street trees as required by Exhibit 7. 32 33 34 35 36 37 38 39 40 41 42 43 44 S 45 PAGE 10 PD 3-97- 1217 i I CERTIFY THAT THIS ORDER was presented to and APPROVED by the Development 02 Review Commission of the City of Lake Oswego. 3 4 DATED this. 1Vv�-t 30 day of , 1997 5 6 (A) t 7 1 9 William Homing, Caitm to Development Review Co 'scion 11 12 (6/tf: 13 14 15 Secretary 16 17 18 ATTEST: 19 20 ORAL DECISION- June 16. 1997 21 22 AYES: Horning, Stiven, Evans, Cushing 023 NOES: None 24 ABSTAIN: None 25 ABSENT: Magura, Morales, Binkley 26 27 WRITTEN FINDINGS - June 30. 1997 28 29 AYES: Horning, Stiven, Evans, Cushing 30 NOES: None 31 ABSTAIN: Magura, Morales, Binkley 32 ABSENT: None 33 34 35 36 J3 PAGE 11 PD 3-97- 1217 STAFF REPORT • CITY OF LAKE OSWEGO PLANNING DIVISION APPLICANT: FILE NO: Schollander Development Co. PD 3-97 PROPERTY OWNER: STAFF: Rush Estate Elizabeth Jacob LEGAL DESCRIPTION: DATE OF REPORT: Tax Lot 200 of June 6, 1997 Tax Map 21 E 15BA DATE OF HEARING: LOCATION: June 16, 1997 • 17315 Cornell Street NEIGHBORHOOD ASSOCIATION: COMP. PLAN DESCRIPTION: McVey-South Shore Neighborhood Assoc. R-15 ZONING DESIGNATION: R-15 I. APPLICANTS REOUEST The applicant is requesting approval of a 14-lot single-family residential planned development. The existing home will be retained on one lot. II. APPLICABLE REGULATIONS A. City of Lake Oswego Comprehensive Plan: Goal 1: Citizen Involvement Policies Goal 2: Land Use Planning Policies • Goal 5: Open Space, Scenic, Historic, Natural Resources Goal 6: Air, Water, Land Resources Quality Goal 7: Areas Subject to Natural "' ' " " V 1 Goal 8: Parks and Recreation EXHIBIT 12 LU 00-0069 PD 3-97 2 "j ,ev cLc es Page 1 of 23 r Goal 10: Housing Policies Goal 11: Public Facilities and Services Goal 12: Transportation 1111 Goal 13: Energy Conservation B. City of Lake Oswego Zoning Ordinance: LOC 48.02.015 Definitions LOC 48.02.045 Official Action LOC 48.02.105 Revocation of Approval LOC 48.06.195 -48.06.225 R-15 Zone Descriptions LOC 48.18.470 - 48.18.490 Planned Development Overlay LOC 48.20.530(2) Vision Clearance LOC 48.20.535(4) Special Street Setback LOC 48.26.700(1) Non-Conforming Use, Structure Defined C. City of Lake Oswego Development Code: LOC 49.16.015 Definitions LOC 49.16.020 - 49.16.030 Application of Code, Planning Director Authority, Fees LOC 49.16.035 Development Permit Required LOC 49.16.040 Development Permits Restricted LOC 49.20.115 Major Development • LOC 49.22.200 Burden of Proof LOC 49.22.205 Development Standards LOC 49.22.220 Review Criteria for Major Developments LOC 49.22.225 Conditions of Approval LOC 49.30.500 - 49.30.510 Application Requirements LOC 49.36.700 - 49.36.720 Application Procedures LOC 49.40.800 Review by Planning Director LOC 49.44.900 - 49.44.920 Review by Hearing Body/Notice of Public Hearing LOC 49.46.1000 - 49.46.1035 Hearings Before Hearings Body LOC 49.58.1400 - 49.58.1430 Compliance with Approved Permit D. City of Lake Oswego Development Standards: 5.005 - 5.020 Street Lights 6.005 - 6.040 Transit System 7.005 - 7.040 Parking& Loading Standard 8.005 - 8.040 Park and Open Space 9.005 - 9.040 Landscaping, Screening and Buffering 11.005 - 11.040 Drainage Standard for Major Development 14.005 - 14.040 Utilities 16.000 - 16.040 Hillside • 18.005 - 18.040 Access U 19.005 - 19.040 Site Circulation - Driveways and Private Streets 20.005 - 20.040 Site Circulation - Bikeways and Walkways PD 3-97 Page 2 of 23 E. City of Lake dswego Sign Code: • LOC Chapter 47 F. City of Lake Oswego Code Chanter 45. Buildings: LOC 45.15, "Fences" G. City of Lake Oswego Subdivision Ordinance (LOC Chapter 441: LOC 44.08.381-44.08.382 Residential Streets LOC 44.08.384 Grades LOC 44.08.3 85 Curves LOC 44.08.386. Intersections LOC 44.08.390 Length of Cul-de-sacs and Dead End Streets LOC 44.08.398 Sidewalks LOC 44.08.391 Street Names H. City of Lake Oswego Tree Ordinance: LOC Chapter 55 I. City of Lake Oswego Solar Access Ordinance (LOC Chapter 57): • I LOC 57.02.005 Definitions LOC 57.04.015 Applicability LOC 57.04.020 Design Standards LOC 57.04.025 Exemptions from Design Standards LOC 57.04.030 Adjustments to Design Standards LOC 57.04.035 Protection form Future Shade J. Oregon Administrative Transportation Planning Rule 660-12-000 - 660-12-070 III. FINDINGS A. Existing Conditions: 1. The site is approximately 8.3 acres in size and contains an existing single family dwelling, barn and accessory structures located at the northwest corner of the site (Exhibit 4). The house will be retained on Lot 14 but the barn and other outbuildings will be removed. Access to the house is currently provided via a long driveway from Cornell Road (Exhibit 4). A Christmas tree orchard is • located in the southwesterly portion of the property. 2. The subject property is bound by Cornell Street on the east and Bergis Road on the south. Both Bergis Road and Cornell Street are neighborhood collectors. PD 3-97 �- ti 3 Page 3 of 23 3. The subject property was annexed into the City in 1958. The adjoining land to the east, south and west are outside the City limits, the Urban Services Boundary and the Urban Growth Boundary. They are large agricultural and single-family rural residential parcels. The area to the north is zoned R-15 and contains single-family residential homes. 4. As illustrated on Exhibit 4, the property slopes to the northeast and southeast from a high point near the house. The lowest corner of the site is at the intersection of Bergis Road and Cornell Street. Exhibit 4 illustrates slopes between 14 and 16 percent through the center of the property. 5. Adequate public services including water and sanitary sewer are or can become available to serve the site. B. Proposal: The applicant is seeking approval of a 14-lot single-family residential planned development. The proposed lots range from 15,000 square feet to 16,439 square feet in size, excluding the 40,931 square foot lot which contains the existing house (Exhibits 2 and 5). The maximum allowed density on the site is 24 lots. The proposed 14 lots represent 58% of the allowed density. C. Compliance With Criteria for Approval: As per LOC 49.22.200, the applicant for a development permit shall bear the burden • of proof that the proposal complies with all applicable review criteria or can be made to comply with applicable criteria by imposition of conditions of approval. The applicant has provided substantial evidence to enable staff to perform a thorough evaluation to determine compliance with applicable criteria, listed on pages 1-3 of this report. The proposed development is appropriately being reviewed as a Major Development as prescribed by LOC 49.20.115(2)(f). In addition to substantial information and a complete application as illustrated in the exhibit section of this report, the applicant has also complied with all neighborhood notification and meeting requirements (Exhibit 19). The final plat shall be submitted within one year of the date of staff decision, LOC 49.58.1405. Upon written application, prior to expiration of the one year period, the City Manager shall, in writing grant a one year time extension. Additional extensions may be requested in writing and will be reviewed for compliance with current law, development standards and compatibility with development which may have occurred in the surrounding area. The extension may be granted or denied and if granted, may be conditioned to require modification to bring the project into compliance with then current law and compatibility with surrounding development. to record the finalplatprior to completion of public • If the applicant seeks P improvements, a financial security for 120% of the value of the public improvements will be required to be posted with the City before the City signs the plat [LOC 1 PD 3-97 Page 4 of 23 49.58.1415]. Furthermore, it is a long standing City policy not to allow the issuance of any building-permits until all public improvements are completed and accepted, and • "as-built" construction drawings have been submitted. The reason for delaying building permits until the infrastructure is completed is based upon public safety issues (adequate emergency access, fire protection). This policy is routinely incorporated into the conditions of approval. The City has provided adequate public notice and opportunity to comment on this application as required by ORS 197.365(2)-(3). No written comments have been received from neighborhood citizens. Per LOC 49.22.220(1), for any major development application to be approved, it shall first be established that the proposal complies with: a. Any applicable regulatory policies of the Lake Oswego Comprehensive Plan; Applicable policy groups are listed on pages 1 and 2 of this report. Staff finds that the applicant's narrative(Exhibit 12, pages 6-25) thoroughly addresses all relevant Plan policies; therefore, no further analysis is necessary. b. The requirements of the zone in which it is located; • 1. R-15 Low Density Residential Zone LOC 48.06.205 - Maximum Density The development density is determined by dividing net developable acreage by the minimum lot area requirement in the R-15 zone (15,000 square feet). Based on the above analysis, the potential density on the site is 24 lots. As Exhibits 2 and 5 illustrate, the applicant is proposing only 14 lots or approximately 58% of the allowable density on site; therefore, satisfying the requirement of this standard. LOC 48.06.210 - Lot Size. Lot Dimensions The minimum lot size requirement in the R-15 zone is 15,000 square feet, and the minimum lot dimensional requirements are 80 feet for lot width at building line and 100 feet for lot depth. As illustrated by Exhibits 2 and 5, all of the lots comply with these requirements. LOC 48.06.215 - Setbacks and LOC 48.06.225 - Lot Coverage Although special setbacks and lot coverage are allowed by the provisions of the Planned Development Overlay District [LOC 48.18.476(2)], the applicant is not requesting any special setbacks or lot coverage exceptions. Hence, the requirements • of the underlying R-15 zone will be applicable. Staff notes that the building envelopes illustrated on Exhibit 5 are not correct for many of the lots. A revised plan should be submitted which illustrates the correct building envelope based on the following requirements: t; j PD 3-97 Page 5 of 23 Front 25 feet Rear 30 feet Street Side 15 feet Other Side 15 feet • Lot Coverage 25% The existing house, fronting northward, appears to have an approximately 12 foot west side yard setback. A side yard setback less than 15 feet defines the existing house nonconforming per LOC 48.26.700(1). A nonconforming status does not preclude further development. LOC 48.06.220 - Height of Structures As required by the Code, the maximum height of structures shall be 35' (on flat or sloped lots). Compliance with this standard will be assured at the time of issuance of building permits. 2. Planned Development Overlay [LOC 48.18.470 - 48.18.490] The request is appropriately being processed as a planned development. The subject site is 8.3 acres in size; therefore, it is required to be processed as a planned development [LOC 48.18.470(2)]. A planned development overlay allows the applicant to explore creative methods to develop land, while conserving the natural resources present on the site and maintaining the identity of the neighborhood in which • the development will take place. As described in the narrative (Exhibit 12, pages 26), the applicant is not requesting an exception to lot dimension, setback or lot coverage requirements as permitted by the Planned Development Overlay. Since the development contains only one phase, no Overall Development Plan and Schedule (ODPS) is required. The zone requirements to be applied to PD 3-97 are the R-15 standards described in LOC 48.06.195-48.06.225. As Exhibits 2 and 5 illustrate, the applicant is proposing two private open space tracts in the development. The creation of common private open space tracts requires a homeowners' association or similar organization to be established for the maintenance of these areas. The applicant has not provided a preliminary conditions, covenants and restrictions (CC&Rs) to address the use and maintenance issues of open space tracts. The applicant will be required to submit CC&Rs which clearly describe the use, ownership, maintenance, and insurance issues for both open space tracts for review and approval of staff prior to approval of the final plat. This document should also provide the City with an enforcement authority to assure reasonable maintenance of the open space tracts at the owners' expense should the homeowners' association fail to provide the necessary maintenance. • n Luv PD 3-97 Page 6 of 23 3. Supplementary Provisions • LOC 48.20 530 - Vision Clearance Per this standard, no sign, fence, hedge, shrubbery, natural growth or other obstruction to view higher than 30 inches shall be permitted. Staff analyzed sight triangles laid out by measuring the 60-foot distance along the outside edges of intersecting pavements(Streets"A" and "B") and found that a sufficient-size building envelope should be available after calculating the vision clearance triangles on Lots 4, 5 and 8. Staff notes that the building envelopes illustrated on Exhibit 5 are incorrect and can not be used to determine building setbacks. A revised plan should be submitted showing the correct building setbacks and vision clearance triangles in compliance with the dimensional requirements of LOC 48.20.530 (Table 48-2). LOC 48.20.535(41 Soecial Street Setbacks Bergis Road has a 30-foot special street setback from Cornell Street to Stafford Road. Cornell Street also has a 30-foot special street setback from Larch Street to Bergis Road. Special street setbacks are measured from the centerline of the existing right- of-way. Right-of-way dedication on the frontages of both Bergis Road and Cornell Street will satisfy this requirement. This dedication will be discussed in more detail under the Utility Standard addressed later in this report. • c. The Development Standards applicable to major developments; The Building Design Standard does not apply to major development involving single family detached houses as proposed. There are no stream corridors, wetlands or floodplains on the site; therefore, these standards are not applicable. The applicant's narrative(Exhibit 12) and plans illustrate substantial compliance with the applicable standards. This report will only address those standards which require additional discussion or where modifications to the applicant's proposal are recommended. Street Lights - (5.005 -5.040) This standard applies to all new and existing streets. Exhibit 7 illustrates the proposed location of lights along the internal streets as well as the perimeter streets. The applicant's street light plan (Exhibit 7) appears to satisfy the illumination requirements of this standard. On the internal streets, the applicant is proposing standard 100 watt "shoe box" style luminaires on 25-foot high standards (Exhibit 18). Cobra head style lights are proposed for Bergis Road and Cornell Street. The applicant requests to defer installation of the street lights on the perimeter roads until the area is more fully developed (Exhibit 12, page 29); however, a variance has not been applied for. • Staffs' following recommendations are based upon other requirements which will be discussed later in this report under the Utility Standard. Staff finds that the street lights along the perimeter roads should be installed concurrently with the development because the applicant will be constructing a widened paved shoulder that will serve as PD 3-97 Page 7 of 23 a bike and pedestrian path. The path has been identified as a desirable Iinkage since the 1988 master planning efforts, and should be illuminated. The Utility Standard requires that utilities serving developments should be installed • underground, which would result in the underground conversion of the cables and poles on the west side of Cornell Street upon which staff assumes the applicant intended to mount the cobra head fixtures. From staff's field observations and the applicant's topographic survey (Exhibit 4), it appears that the existing poles would conflict with the road widening and drainage ditch, and would have to be relocated to the west. Based on the City's efforts to achieve underground utilities with all new development wherever practical and because existing pole locations appear to conflict with new construction, staff recommends the elimination of the poles on the west side of Cornell Street. If the poles are eliminated, staff recommends the installation of brown fiberglass poles and shoe box street lights on the west side of Cornell Street in the approximate locations shown on Exhibit 7. Mast arm extensions may be necessary to properly locate the fixture over the roadway. Staff recommends the shoe box style luminaire because its light distribution pattern has an efficient downward cast. It is the best design for minimizing glare, light trespass, and preserving the dark sky quality of this rural area while providing an appropriate level of illumination on the road. The same style of lighting should be used on Bergis Road. There are no utility poles on the north side of Bergis Road. On residential streets, lights are spaced at approximately 150 foot intervals. This spacing provides illumination levels at the low end of the desirable range, assuming 100 watt bulbs at a 25 foot mounting height. On collector streets, the wattage is • typically 150 watt because the streets are wider, speeds are higher, and pole placement is farther apart. Transit - (6.005 - 6.040) LODS 6.020 requires construction of pedestrian pathways as part of any major development. The state Transportation Planning Rule (TPR) reinforces this requirement, as well. As Exhibits 5 and 6 illustrate, the applicant is proposing a five- foot wide standard concrete sidewalk along one side of the internal streets. A five- foot wide pedestrian pathway/bicycle lane is proposed along the property frontage on Bergis Road and Cornell Street. A pedestrian path/emergency access will also connect Bergis Road and the southerly terminus of"Street A". As there are no transit routes within a mile of the site, there will be no additional requirements to provide transit facilities. This standard is satisfied. Parking and Loading- (7.005 - 7.040) This standard requires that each single family dwelling unit provide two off-street parking spaces in addition to a garage or carport. Each of proposed lots are of sufficient size to accommodate two off-street parking spaces (Exhibits 2 and 5). Compliance with this standard will be assured upon application for any building permit • requested subsequent to the this application. PD 3-97 '' �' U � Page 8 of 23 Park and Open Space - (8.005 - 8.040) • As described in the narrative (Exhibit 12) and illustrated on Exhibits 2, 5 and 6, the applicant is complying with this standard by designating 79,603.31 square feet or approximately 21.99% of the site as open space in two private tracts, Tracts "A" and "B". These tracts were sited to serve as a buffer along the streets to minimize effects upon neighbors to the east and south. The applicant proposes to locate the storm water detention pond in the southeast corner of Tract "A". The balance of the open space areas are proposed to remain in a natural state with brushy vegetation and/or meadow land, with occasional mowing as necessary to prevent fire hazard. Staff recommends that the applicant develop and submit an ongoing maintenance plan for these areas, including periodic removal of invasive species, for review and approval of staff prior to approval of the final construction plans. Staff recommends that the open space tracts be labeled as Private Open Space Tracts "A" and "B" on final plat. The applicant should also be required to provide the following note on the plat: "Private Open Space Tracts "A" and "B" shall remain in their natural condition to provide a scenic, aesthetic appearance; protect natural processes; provide passive recreational uses, or maintain the native vegetation of the open space. The City may approve activities that enhance the natural qualities of the open space and meet the above purpose of the open space. Improvements in these areas, which are in keeping • with the above purpose, including public utilities must be approved by the City of Lake Oswego. This note shall not restrict the maintenance activities required for the drainage easement portions of Tract "A". No buildings or structures shall be allowed in these areas." Landscaping, Screening and Buffering - (9.005 - 9.040) As illustrated on Exhibit 7, the applicant is proposing 2" caliper Pyrus calleryana, `Redspire Pear', and Fraxinus pennsylvanica, `Summit Ash,' for street trees along the internal streets. To comply with the Landscaping Standard to provide street trees on all abutting streets, the applicant has also illustrated street trees along Bergis Road and Cornell Street--Acer rubrum `Franksred' (sunset red maple). However, the applicant has requested that instead of providing the trees all in a row along Bergis Road and Cornell Street, that the trees be placed in groupings within the open space tracts to provide better wildlife habitat and screening for a more natural appearing open space (Exhibit 12, ). Staff supports the suggestion, and recommends that the applicant work with staff to create an environment which is more characteristic of the neighborhood. Within that context, staff does recommend that some trees do need to be placed near to the street. (Exhibits 4 and 6 illustrate that there are trees currently along Bergis Road and Cornell Street which are proposed for removal to provide the required street improvements.) Staff recommends such native species as Acer macrophyllum, bigleaf maple; Alnus rubra, red alder; Abies grandis, Grand Fir; Psedotsuga menziessi, Douglas fir; and Quercus garryana, Oregon White Oak. Additional discussion under the Tree Ordinance section of this report will analyze mitigation for proposed tree removal. PD 3-97 L fG J Page 9 of 23 The accessway should be landscaped along its edges to deter the adjacent owners from "privatizing" it. The final landscape plan should reflect this additional landscaping. • Staff recommends the applicant work with staff to develop a landscape plan which provides bio-diversity and year-round wildlife habitat in the two open space tracts. A revised landscape plan should be submitted prior to approval of the final construction plans. Drainage for Major Development - (11.005 - 11.040) The applicant's narrative (Exhibit 12) and preliminary drainage report (Exhibit 17) address the requirements of this standard. After reviewing this information and the preliminary drainage and utility plans (Exhibits 5, 6 and 9), staff makes the following findings: This project is required to detain storm water and release it at a calibrated rate and provide a method of treating the storm water for pollutants and sediments. The design uses a combination of catch basins, bio-swales, a detention pond, and calibrated outlet structure to achieve these goals. Because the project is at the top of a drainage basin, there are no contributing offsite areas whose drainage needs to be accounted for or intercepted. The site naturally drains to the south (crossing under Bergis Road in a culvert) through a thicket of blackberries and across a meadow until it reaches a farm pond about 2000 feet south of Bergis Road. Runoff from Cornell Street sheets across the almost non-existent shoulder into the shallow swale that will be preserved in open • space tract "A." The detention pond has been sized to manage the post development impervious area and release it at a slow, pre-development rate according to the criteria set forth in the City's Drainage Design Manual. Staff notes that the swale located west of the pond has been designed to meet the water quality treatment criteria in the Manual, but that it is supplemented by the long drainage swale (approximately 400 feet) running north to south along the east side of the project. The design provides an extra measure of insurance that sediments and pollutants will be filtered out before reaching the detention pond, where further settling and bio-filtration occurs. Staff has been contacted by the owner of the farm pond to the south, who has expressed concern regarding the change in the quality of the runoff that feeds his pond. The pond is stocked with fish. While the drainage plan exceeds the requirements of the drainage standard, staff finds it advisable to require special precautions during construction in order to prevent turbid water from leaving the development site. Special measures will have to be designed and left in place until the pond and swales are properly vegetated and functioning. When a construction permit is applied for, special conditions will be imposed on the erosion control plan required by LOC Chapter 52 in order to ensure the farm pond is protected to the maximum feasible degree during construction activity. An example of such a condition would be to 111 construct the drainage facilities first, and direct all runoff to a sedimentation/retention area prior to allowing it to spill over into the final pond and outlet structure. Limiting site grading and preserving the natural grassy cover of the site to the maximum PD 3-97 ' '`I 3 Page 10 of 23 l. 4 possible extent will also minimize the potential for sediment migration into she storm water.. Finally, erosion control and site grading could be permitted ahead of the other infrastructure construction permits if such an early issuance would maximize the project's ability to take advantage of seasonal conditions. Storm Drains: There are no public storm drains in the vicinity of the site except for a culvert under Bergis Road. The culvert will continue to receive storm water from the site and transport it to an overland course to the south. A roadside swale along the north side of Bergis Road will continue to direct storm water to the low point at the southeast corner of the site and into the culvert (Exhibit 5). An inlet structure will have to be constructed between the detention pond's outlet pipe and the existing culvert to intercept water from the roadside swale. According to the preliminary drainage plan(Exhibit 17), no storm water will be directed north to Cornell Street. On site, a conventional storm drain system will be built in the street, with outfalls to vegetated swales upstream of the detention pond. The City requires a minimum pipe size of 10" on public storm drain systems; the illustrated 8" size will have to change on the final construction drawings. Staff also notes that the segment of storm drain connecting the manholes opposite Lots 10 and 12 is not necessary and probably a drafting error. Staff recommends additional catch basins just north of the stub street to the east because the entire street drains from Lot 14 to a pair of catchbasins at the south end of the street. In the City's experience, the slope of the street and the length of the contributing area will result in a high velocity that will overshoot the catchbasins if the slightest amount of debris accumulates on the grate. The applicant will need to provide final construction plans for the surface water quality and detention facilities that satisfy the design criteria and construction specifications in the" Final Drainage Report" for the review and approval of the City Engineer. Weak Foundation Soils - (13.005-13.040) The site is not designated as an area having potential weak foundation soils on the City's soils map. However, the applicant has provided a geotechnical soils investigation (Exhibit 13) which concludes that the proposed residential development is feasible based on subsurface conditions encountered in the investigation provided that the recommendations of the report are incorporated in to the design and construction of the project. Staff recommends that the recommendations of this report be incorporated into the requirements for street design and utility trench backfill, for the review and approval of the City Engineer. Staff also recommends that building permits issued for individual houses should also demonstrate compliance with these recommendations. Utilities - (14.005 - 14.040) The applicant's narrative (Exhibit 12) and the preliminary plans (Exhibits 7, 9 and 10) • demonstrate that adequate streets, water and sanitary sewer facilities are available and can be extended to service the development. The existing home's septic system shall be abandoned and the home connected to the public sewer as soon as the public system has been accepted by the City. The septic system does not appear to be in PD 3-97 � l !� Pagellof23 • conflict with the adjacent proposed lot. The existing home's well may continue to • supply the residence with water, at the owner's option, but a water service shall be stubbed out to the lot. Well abandonment procedures are regulated by State rules that • stand apart from the City's Development Code. Provisions have been made for future services to Lot 14 which is Iarge enough to partition. All publicly maintained utilities installed outside of the right-of-way shall be in public easements granted by the plat. The City reserves the right to require more durable pipe materials for utilities located in easements or other locations where access is compromised in some manner. Ductile iron or"blue brute" plastic pipe is typically required. Based upon a review of the information provided by the applicant, staff makes the following findings: Sanitary Sewer: There is no sewer line in the immediate vicinity of this proposal. The applicant's engineer and the City's engineering staff have put forth considerable effort in exploring various sewer extension routes. All routes are rather lengthy, costly to build relative to project size, and have the potential for providing sewer service to offsite unsewered areas. As recommended by staff, Exhibits 5 and 8 illustrate the route which provides the greatest potential service to properties already within the City's Urban Service Boundary. The sewer will be brought to the site from a manhole at Oak Meadows Drive (entrance to Stafford Oaks subdivision near Stafford Road) by following Bergis Road to the south and east up to the site(Exhibit 8). The applicant will need to obtain a Clackamas County road opening permit for the majority of the sewer extension. The depth of the sewer line will provide gravity service to all lots. The sewer will be extended to the north property line to the northeast corner of the site in order to provide future service to several properties on Cornell Court. The applicant will be required to incorporate all recommendations of the soils report into final construction plans to the satisfaction of the City Engineer. Water and hydrants: Some parts of this site will not have acceptable domestic pressure unless the homes are outfitted with individual booster pumps. In the areas of highest elevation in the City, most notably the top of Mt. Sylvan and near Cooks Butte, pumps and small pressure tanks are used so that the 40 psi can be delivered to the highest fixture in a dwelling. The applicant's engineer has submitted hydraulic calculations and identified those lots which will need boosters (Exhibits 5 and 16). Lots above approximate elevation 545 will need booster pump assistance. The same fire flow calculations reveal that there is adequate volume in the City's mains to meet the requirements of this development. The water system will be looped through the project as shown on Exhibit 5. Streets: The site has frontage on Cornell Street and Bergis Road. Both streets are designated as neighborhood collectors. The City will be overlaying Cornell Street • during the summer of 1997 as part of its capital improvement plan. Both roadways have approximately 20 feet of pavement within a 30 foot wide right-of-way. Even though these roadways function as collectors, they have extremely low daily volumes r 1 7 PD 3-97 '' Page 12 of 23 due to the sparse population on the urban fringe (14 southbound peak hour trips on Cornell, for example, according to the traffic study, Exhibit 14). • The existing rights-of-way are substandard for the street classification and the improvements they are intended to contain. As discussed previously in this report, the special street setback prescribes a 60 foot wide right-of-way for both Bergis Road and Cornell Street at ultimate development, necessitating a dedication of 15 feet along the project's frontage. Dedication of additional right-of-way is roughly proportional to the impacts of 13 new homes [125 vehicle trips per day, (Exhibit 14)] on the street system and the resulting need for street improvements, street lighting and a pedestrian and bicycle pathway. Dedication of additional right-of-way is authorized by LOC 44.08.510. For frontage improvements, staff recommends the addition of approximately six feet of asphalt along the west side of Cornell Street and the north side of Bergis Road for use as a pedestrian and bike lane. The goal is to provide a minimum 11 foot wide travel lane and a 6 foot path measured from the painted centerline. The remainder of the right of way will be occupied by a narrow gravel shoulder, drainage ditch or swale, street lights and street trees. The finished street and its bikepath will resemble the recently approved improvements along the Skyland Heights subdivision with frontage on Greenbluff Drive and Crestline Drive. Skyland Heights is similarly located on the urban fringe. The new internal streets are proposed to be a curbed 28 foot street within a 40 foot • wide right-of-way. Parking will be permitted on one side. Staff has reviewed the proposed grades and turnaround dimensions of the new street and find them to be in compliance with the City's design standards. The soil bearing ability for the purpose of roadway design was not addressed in the soils report. Final design of the street cross section will have to be based on CBR tests of the underlying soils. Staff notes that the ends of the stub streets do not appear to be curbed, which could allow street runoff to enter future driveways. Staff recommends curbing, ramped driveways, the provision of a slot drain, or a combination of methods to ensure no street runoff enters the lots. Traffic Impact: The applicant's traffic report (Exhibit 16) indicates a traffic generation of 125 trips per day, with 13 trips occurring at the PM peak. Distribution will be slightly weighted to the northerly direction of Cornell Street. Sight distance will be addressed in the Access Standard, below. The Engineering staff has reviewed this information and concurs with its findings and conclusions. City Charter: The widening of Cornell Street and Bergis Road is subject to approval by the City Council and the advertising requirements found in Section 40 of the City Charter. Staff will administer the public notice. Other Issues: On the topographic survey (Exhibit 4), the driveway serving the • adjacent property to the west appears to encroach onto the site's west edge. The applicant's surveyor has informed staff that what appears as the edge of a driveway is in fact the edge of a dense, well maintained hedgerow that straddles the property line and borders the driveway. , r7 PD 3-97 L 1 3 Page 13 of 23 • Other utilities: On site, all utilities are proposed to be provided underground. Existing overhead service to the house that will remain will be converted to underground. As • discussed under the Street Light Standard above, staff recommends converting the overhead wires along Cornell Street to underground because they would need to be moved for a widened roadway or drainage ditch. Staffs field observations indicate no other properties have taps onto these lines, so no offsite property owners would be involved. The proposed new street right-of-ways do not extend far enough behind the curb to contain the buried gas, electric, phone, and cable TV lines that are typically installed behind the curb. The plat should contain a typical six-foot wide utility easement along all front lot lines. Staff review of the utility plans only verified the capacity of public utilities to serve the development. Final determinations regarding the exact location and size of public services will be made prior to approval of the final construction plans. Hillside Protection, Erosion Control - (16.005 - 16.040) The southern half of the site is located in an area identified as having potential for landslide hazard on the City soils map. The Hillside Protection Standard requires that disturbances to natural vegetation and soils be kept to a minimum on lands in excess of 20% grade. On land with slopes in excess of 12 percent, cuts and fills shall be • regulated in accordance with LOC Chapter 45, ("Buildings") and LODS 16.020(5). A slope analysis has been provided which illustrates that the steepest slope on the site ranges from 14 to 16 percent (Exhibit 4). The applicant has addressed the requirements of this standard in his narrative (Exhibits 12) and the preliminary grading plan (Exhibit 9). LOC Chapter 52, "Erosion Control,", will also be applicable to all building permits and any permit involving the disturbance of earth. The final construction plans for the streets and utilities shall demonstrate compliance with these standards. The building permit applications for those lots with slopes in excess of 12 percent (Lots 4 through 9) shall be reviewed for compliance with these standards at the time of their building permit plan reviews. Compliance with the geotechnical engineers recommendations (Exhibit 13) shall also be reviewed at the time of the building permit plan reviews. Access - (18.005- 18.040) As Exhibit 5 illustrates, all proposed lots except Lot 7 exceed the minimum 25' frontage requirement to a public street. The 25-foot frontage requirement for this lot can easily be met by a slight adjustment of the property line between Lots 7 and 8. The final plat shall reflect compliance with this requirement for all lots. As demonstrated by Exhibits 14 and 15, the vision clearance at the intersection of the new street with Cornell Street was found to be within acceptable standards after a • detailed speed survey and stopping sight distance study was performed for the crest vertical curve in Cornell Street. -, ( 4 PD 3-97 Page 14 of 23 As illustrated on Exhibit 7, the emergency access out to Bergis Road is an acceptable solution to providing an alternate ingress/egress in case the primary access is blocked. • Exhibit 7 also illustrates a 12 foot wide unlabeled strip within the designated accessway. Staff recommends that the strip be labeled as a separate Tract and conveyed to the public. According to the Uniform Fire Code as modified by LOC Chapter 15, a one way fire access road shall be 15 feet in unobstructed width. Because the proposed access is an alternate access, as opposed to the sole access, the Fire Marshall is authorized to allow reductions in width.. Similar alternate accessways in other developments have demonstrated that special provisions should be made in their construction and landscaping. If their appearance does not provide a visual deterrent, they will be used and relied upon by residents, construction workers and landscapers, delivery persons, etc. The vertical curve in Bergis Road discussed under the Transportation Planning Rule on page 17 of this report makes this an undesirable point for ingress/egress. Furthermore, unauthorized vehicular use would subject the grasscrete to undue wear and tear and intrude upon the privacy of Lots 9 and 10. Staff recommends installing breakaway and reflectorized bollards or other similar barriers at the end of the street. In addition, the accessway should be landscaped along its edges to deter the adjacent owners from "privatizing" it. Finally, it should be posted at the Bergis Road end with "No Vehicular Traffic" or similar signs. These are all final design details that should be reflected on the final construction and landscape plans. Site Circulation - Driveways and Private Streets - (19.005 - 19.040) This standard requires that driveways to single-family dwellings not exceed a maximum of 20 percent grade at any point along the derivable surface, nor a five percent cross slope [LODS 19.025(5) and (14)]. Compliance with these requirements will be reviewed upon application for any building permit requested subsequent to this action. No private streets are proposed in this development. The existing driveway to the single family dwelling on Lot 14 will be abandoned and relocated, with access from the internal street. According to the grading plan (Exhibit 6), this driveway will not exceed a 20 percent maximum slope. Site Circulation - Bikeways and Walkways - (20.005 - 20.040) As Exhibits 5, 6 and 7 illustrate, a five-foot wide sidewalk is proposed along the south and east sides of"Street A" and along the south side of"Street B". A four-foot wide planter strip is proposed to separate the sidewalk from the curb. The applicant is proposing to extend the pedestrian connection to Bergis Road via a 12-foot wide grasscrette surface. This accessway is intended to provide emergency vehicle access, also. As indicated in the narrative (Exhibit 12), a five-foot wide pedestrian pathway/bicycle lane will be constructed within right-of-ways dedicated to the public along Bergis Road and Cornell Street. This standard is met. • d. Any additional statutoryor Lake Oswego Code provisions which may be applicable to the specific major development, such as; PD 3-97 `A Page 15 of 23 r • 1. City of Lake Oswego Subdivision Ordinance (Chanter 44): This chapter contains street and intersection design criteria, and sidewalk • requirements. As illustrated on Exhibits 5 and 7, the proposed streets will be under the maximum allowable 15 percent grade for public streets [LOC 44.08.384] and the horizontal curve meets the 100 foot minimum centerline radius requirement [LOC 44.08.385]. The intersections of Streets"A" and "B" and Street "A" with Cornell Street are at right angles. The new intersection on Cornell Street is over 100 feet from the next intersection to the north, Cornell Court [LOC 44.08.386]. The proposed length of the cul-de-sac (Street "A") is approximately 750 feet which is within the maximum 1000' limit prescribed by this standard [LOC 44.08.390]. This Code also permits waiving the usual requirement to extend a street to the project boundary. Because this site is at the edge of the Urban Growth Boundary (Exhibit 2), and the property to the south is already served by a public road (Barton), there is no need to extend a stub street to the south. The dead-ending of Street "A" will be discussed in more detail under the Transportation Planning Rule on page 17 of this report. LOC 44.08.510 authorizes the City to require the dedication of additional right-of-way if the right-of-way is inadequate. As stated above, Bergis Road and Cornell Street have inadequate right-of-way to accommodate the traffic impacts of the proposed 13 new houses, and the applicant has proposed to dedicate 15 additional feet along Bergis • Road and Cornell Street to accommodate adequate but not excessive widening, lighting and drainage improvements (Exhibits 3, 4 and 12), 2. City of Lake Oswego Sign Code (Chapter 47): LOC 47.10.405 allows one 16 square foot sign for residential projects that contain 4 or more units or lots. The applicant is not proposing any signs at this time; however, prior to installation of any sign in the future, the applicant will be required to obtain a sign permit (minor development). 3. City of Lake Oswego Tree Cutting Ordinance (Chanter 55): The applicant has addressed this ordinance in Exhibits 2, 6, 7 and 12. The proposed grading for public and private utilities, including streets, water, and storm and sanitary sewers, and housing construction will require removal of trees in order to serve the development with adequate public services and facilities. This is allowed by LOC 55.02.080(3). Exhibit 2 illustrates the location of existing trees of a caliper of five inches or greater, measured at 4.5 feet above grade. The applicant is proposing to remove approximately 50 percent of these trees. In addition to the trees illustrated on these plans, there is a Christmas tree orchard in the southwesterly part of the property. • These trees have not been included in the tree survey. The applicant has adequately addressed the criteria [LOC 55.02.080(3)] for removing these trees in the narrative (Exhibit 12). In order to mitigate the proposed tree removal, the applicant is L 'r J PD 3-97 Page 16 of 23 proposing to plant a total of 94 street trees with an aggregate of calipers of 188 inches dbh. Fifty-eight of these trees are to be located along the internal streets. As • discussed under the Landscape Standard on pages 9-10 of this report, staff is recommending that the majority of the 36 Red Sunset maples proposed along Bergis Road and Cornell Street be replaced with native trees located in the open space Tracts "A„ and"B„ The applicant will be required to provide a final tree removal plan identifying all trees that are to be removed during initial utilities installation and housing construction. Removal of any trees over 5" in diameter, measured 4.5' above ground, will be subject to a tree cutting permit application which will be issued with the cconstruction permits. In order to provide maximum protection to trees that are to remain, the applicant will be required to install tree protection fencing (a 4' high chain link fence with metal posts) around the drip lines of all trees or clusters of trees being saved. 4. City of Lake Oswego Solar Access Ordinance (Chapter 571: The Solar Access Ordinance requires that all development in the R-15 zone be designed so that at least 80% of the lots will be solar lots, as per LOC 57.04.020. As Exhibits 11 and 12 demonstrate, the proposal is in full compliance with the requirements of this standard by providing 12 solar lots, for an 86% compliance. Lots 1, 2 and 3 meet the Basic Requirement. Lots 4-11 and 14 meet the Protected Solar • Building Line standard. The solar lots will have to be identified on the final plat. The applicant will also have to provide a note on the final plat, or on a document recorded with the plan, binding the applicant and subsequent purchasers to comply with the future shade protection standards in LOC 57.04.035. 5. Transportation Planning Rule The applicant's narrative(Exhibit 12, pages 31-33) addresses the issues contained in Transportation • arming Rule. Safe and convenient pedestrian and bicycle access have `Tut -'_I been fully address- elsewhere in this report. The Rule's goal to reduce vehicle miles traveled by encourag ': street "connectivity," however eeds additional commentary. ct���W �, �. It is obvious that reside s who live in the south of the development and who have I a Stafford Road/I-5 desti tion will have to • el north through the subdivision, then south on Cornell, in order to .e west bo on Bergis. The same circuit would be repeated on the trip back home. Thi out of direction travel" would not be necessary if the internal street connected to 'ergis Road. The applicant has stated that such a connection is unwarranted, an) pec ates that the connection would open the door to unwanted cut-through traffic. The narr. ive concludes that the out-of-neighborhood traffic would be threatepifig to children pl. ing in the street. While staff does not find these arguments conycing, there is another, more compelling reason to dead end the • street. Just west of the site on Bergis Road, th• e is an abrupt vertical (crest) curve that significantly(obscures the sight of eastbound • vers. An eastbound vehicle slowing-or stopped to make a left turn into the subdivision would not be seen in time by an eastbound driver. The same holds true for a left turning vehicle exiting the PD 3-97 `' Page 17 of 23 subdivision. Although staff has not calculated what it would take to cut the crest down to provide adequate stopping sight distance, it would be several feet of cut over one to two hundred feet long. Staff finds that the scope and expense of such an • endeavor would not be proportional to the benefits of a few vehicle miles saved. e. Any conditions of approval imposed as part of an approved ODPS or prior development permit affecting the subject property. There are no prior approvals or conditions that affect this property; therefore, this standard does not apply. IV. CONCLUSION Based upon the information provided by the applicant and findings presented in this report, staff concludes that PD 3-97 can be made to comply with all applicable criteria for approval by the application of conditions of approval. V. RECOMMENDATION Staff recommends approval of PD 3-97, subject to the following conditions: A. Prior to Annroval of the Final Plat. the Annlicant/Owner Shall: 1. Illustrate the following information on the final plat: • a. "Individual property owners shall be responsible for and shall bear the expense and/or replacement costs of fences and/or landscaping in all public easements when said fences or landscaping must be removed for access to utilities." b. "Private Open Space Tracts "A" and "B" shall remain in their natural condition to provide a scenic, aesthetic appearance; protect natural processes; provide passive recreational uses, or maintain the native vegetation of the open space. The City may approve activities that enhance the natural qualities of the open space and meet the above purpose of the open space. Improvements in these areas, which are in keeping with the above purpose, including public utilities must be approved by the City of Lake Oswego. This note shall not restrict the maintenance activities required for the drainage easement portions of Tract "A". No buildings or structures shall be allowed in these areas." c. "The storm water quality facility located within Tract "A" is a private facility, to be maintained by the Homeowner's Association. A public storm drainage and storm water detention easement shall be provided within the entirety of Tract "A," and an easement for the operation and maintenance of public drainage and storm water detention facilities • shall be granted to the City of Lake Oswego." +� PD 3-97 Page 18 of 23 d. Utility easements, including those for sanitary sewer, water, surface 'Utility management, drainage, access and public easements over open space Tract"A". All public easements shall be conveyed to the City in the plat's declaration. e. Street trees planted outside street right-of-way, which conform to the approved City of Lake Oswego planting plan, can only be removed with prior approval of the City of Lake Oswego. f. Setbacks, Lot coverage, Building Height are as follows: Front 25 feet Rear 30 feet Street Side 15 feet Other Side 15 feet Lot Coverage 25% Building Height: 35 feet 3. Submit a revised site plan showing building setbacks, and the required vision clearance areas on all corner lots per the requirements of LOC 48.20.530 (Table 48-2). 4. Dedicate 15 feet of additional right-of-way on Bergis Road and Cornell Street. • 5. Create a separate public tract covering the emergency accessway to Bergis Road and convey it to the City on the plat. Specify the purpose of the tract in the plat notes. 6. Label the ten foot wide storm drain easements serving Lots 3 and 4 and Lots 7 and 8 as private easements, and devise a plat note stating that the maintenance of the storm drains located therein is the responsibility of the benefited lot owners. 7. Illustrate a six foot wide public utility easement along the new street frontage of all lots. On lot frontages where there will be no landscape strip in the right of way, devise a note stating that the six foot wide public utility easement is also a street tree easement. 8. Convey a public sewer easement over private open space Tract "B" for the sewer designed to serve offsite properties to the north. 9. Submit covenants, conditions, and restrictions (CC&Rs) and bylaws of the homeowners association which address the ownership, use, liability and maintenance of the open space Tracts "A" and "B" for review and approval of staff. These documents shall also provide the City an enforcement authority to • assure reasonable maintenance of these tracts at the property owners' expense should the association fail to meet its maintenance responsibilitie_c r: Ci PD 3-97 Page B of 23 ■ 10. Identify all solar lots on the final plat. Provide a plat restriction, or other appropriate legal instrument to be recorded at the Clackamas County Recorder's Office, subjecting those lots that abut solar lots to the requirements • of LOC 57.04.035 (protection from future shade). 11. Construct all public improvements or provide a financial guarantee to ensure construction of the public improvements to the City satisfaction as prescribed in LOC 49.58.1415. B. Prior to Approval of the Final Construction Plans, the Applicant/Owner Shall: 1. Submit the following plans prepared by registered professional engineers for review and approval of the City Engineer (prepared in accordance to the City's design specification manuals) illustrating: a. A final grading and erosion control plan complying with the requirements of LOC Chapter 52 (Erosion Control). The erosion control plan shall: i. Incorporate construction measures and activity scheduling that specifically address the issue of minimizing the potential for silt laden runoff reaching the farm pond to the south (Tax Lot 700 of Tax Map 21E 15B.) ii. Incorporate the recommendations of the geotechnical • investigation by Carlson Testing, Inc.(Exhibit 13) into the construction specifications and erosion control plan. iii. Design the grasscrete (or equal pervious pavement) pedestrian/emergency access connection to Bergis Road to withstand H-20 wheel loads. Provide a typical cross section and manufacturer's installation instructions. Provide reflectorized, breakaway or similar bollards at the north end of the accessway, for the review and approval of the Fire Marshal. Propose signage to deter unauthorized vehicular use. b. A widened pavement section along the edges of Cornell Street and Bergis Road to serve as a bike and pedestrian way delineated from the vehicle travel lane by a white paint stripe. The widened pavement shall be of such a width as to provide an 11-foot wide travel lane and a five foot wide path measured from the existing painted centerline. c. The pavement section of the new streets are designed according to the California Bearing Ratio (CBR)values of the underlying soils. d. The overhead wires along the Cornell Street frontage are relocated 1111 underground. PD 3-97 � � 2 � Page 20 of 23 e. The installation of street lights as generally shown on the preliminary 'plans, (Exhibits 7 and 18) except that the street lights on Bergis Road • And Cornell Street shall match the style used on the internal streets, . f. -The id,tifi t1 i-brthe lots whin need water booster pumps to maintairy40 psi at the highest anticipated plumbing fixture on the lot. The extension of the public sanitary sewer line through the site to the north property line in the general vicinity of the northeast corner of Lot 2. h. The incorporation of any pavement restoration conditions imposed by Clackamas County into the notes for the plans for the offsite sanitary sewer line in Bergis Road. i. A final drainage plan complying with the design criteria of the City's Drainage Design Manual, j. The design of the ends df the sttfb streets so that all street runoff will be captured by the public storm drain system and not run down the future driveways at the ends of the street. k. A construction note calling for the abandonment of the existing septic • system according to the provisions of the Uniform Plumbing Code. 1. A construction note stating that a road opening permit from Clackamas County shall be obtained prior to working in Bergis Road or Cornell Street. m. A construction note stating that no widening of Bergis Road or Cornell Street shall begin until the City Charter election provisions for street widening have been complied with. 2. Work with staff to develop a landscape plan which provides bio-diversity and year-round wildlife habitat in the open space tracts and which is more characteristic of the neighborhood. To that end, a final landscape plan shall be submitted which illustrates the following information for review and approval of staff: a. Street trees as proposed by Exhibit 7 on the internal streets. b. Some street trees along Cornell Street and Bergis Road shall be located algagathettlatechin groupings within the open space tracts • c. Use of native species for street tree purposes, such as Acer macrophyllum, bigleaf maple; Alnus rubra, red alder; Abies grandis, Grand Fir; Psedotsuga menziessi, Douglas fir; and Quercus garryana, Oregon White Oak. s.)' 1 PD 3-97 Page 21 of 23 d. '"Landscaping within the emergency access tract which provides low growing, low maintenance plantings along the edges of the accessway. 41) e. Plant materials in the storm water detention pond shall be appropriate for its usage. f. A construction note that all landscaping, with the exception of street trees along internal streets, shall be completed as part of utility and street construction. g. A maintenance plan to demonstrate that all mitigation plant materials will be sufficiently watered on a continuous basis to maintain their health and growth. 3. Submit a detailed tree removal plan showing all trees to be removed during initial utility installation and housing construction period. Removal of any trees 5" or greater in diameter, at 4.5' above ground, shall be subject to a tree cutting permit application. 4. A tree preservation plan showing that all trees to be preserved are protected by a four-foot high chain link fence with metal posts extended around the drip line of any trees being saved. The contractor shall be subject to fines, penalties and mitigation for trees that are damaged or destroyed during construction. • C. Prior to widening Berth Road or Cornell Street: 1. Satisfy the public notice and election requirements stipulated in Section 40 of the City Charter. D. Prior to release of plans ❑ermitting construction in roads outside the City's maintenance jurisdiction, the Applicant/Owner Shall: 1. Provide evidence of having obtained a road opening permit from Clackamas County. E. Prior to any On-site Grading or Other Construction Activity. the Applicant/Owner Shall: 1. Obtain a tree cutting permit for all trees 5" or greater in diameter. 2. Install erosion control and tree protection measures as required by approved plans. These measures shall remain in place throughout construction period. The tree protection fence shall consist of a 4' high chain link fence with metal posts, and shall extend to the drip line of any trees within the protected area. • r1 PD 3-97 '�- Page 22 of 23 F. Prior to Issuance of anv Building Permits, the Annlicant/Owner Shall: • 1. Complete all public improvements and provide the City with certified "as-built" drawings conforming to the City's design standard, and receive a certification of completeness from the City. 2. Complete all landscaping and mitigation planting in open space Tracts"A" and "B" and street trees on Cornell Street and Bergis Road, as approved by Condition B.2, above. G. Prior to Receiving Final Building Inspection Approval. the Applicant/Owner Shall: 1. Install street trees as required by Exhibit 7. EXHIBITS 1. Tax Map 2. Site and Vicinity Map (Fig. 1) 3. Boundary Survey (Fig. 9) • 4.5. Survey Data and Slope Analysis (Fig. 2) Proposed Utilities and Lot Dimensions (Fig. 3) 6. Preliminary Grading and Tree Removal (Fig. 4) 7. Street and Street Tree Plan (Fig. 5) 8. Offsite Sewer to Rush Property(Fig. 6) 9. Storm Detention Pond (Fig. 7) 10. Cornell Street Profile (Fig. 8) 11. Solar Access Plan and Calculations (Appendix B) 12. Applicant's Narrative 13. Geotechnical Investigation, prepared by Carlson Testing, Inc., dated 4/15/97 (Appendix E) 14. Traffic Assessment Report, prepared by Charbonneau Engineering, dated 4/11/97 (App. D) 15. Supplemental Stopping Sight Distance, prepared by Charbonneau Engineering, 5/16/97 16. Bergis Reservoir Water Pressure Data (Appendix H) 17. Stormwater Facilities, Calculations, operations and Maintenance Plan (Appendix F) 18. Street Light Cut Sheet (Appendix C) 19. Neighborhood Meeting Minutes, dated 4/10/97 (Appendix A) Date of Application Submittal: April 16. 1997 Date Application Determined to be Completed: May 27. 1997 State Mandated 120-Day Rule: September 24. 1997 • ;, ` 3 PD 3.97 Page 23 of 23 • 8 4 1 . . .. .. • IIIII cbr 1 iu.►,r. a. her• D 1�C1 II Milt Mie M, .:,1t.a 1.43 her 11.:4wi M 11/20r - • • 3'rl i I. t. :1.Wil 1. i r 1 2 AMENDMENTS TO THE DECLARATION I. OF COVILNANTS,CONDITIONS AND RESTRICTIONS FOR DLLRGIS FARM IBTA'TEs fI. fa The Declarant,The Sshollandtx Cornpanlai, Inc.an Or non corporation,doing business as i3chollander Development Company,u the Dwrterof 12 or the 14 Lots of Hargis Farm "Estates and 1 Magna Deveiopmwtt,catOrogoncorporation, is the Owne of the remainlrg2Lctsdohcrchyattend I. the Declaration of Covenants,Conditions and Restrictions dated April 22, 1998 and recorded in the 1 deed swords of Clackamas Carnty on May 29, 1998 as documag number 96-o47793 u follows i •1 ' I- I. The following provision*are 1 0. iii g p n1added to the Declaration of Covenants.Conditions and Restrictions between the section willed"Definitions"and the section entitled"Membership and Voting Flights .In the Association;Operation of the Auor:anion Members : • "]I, DE,SCRIPTnON OR PLANNED COMMLINI'ry r 2.1 Num, The muter of the planned community is Bergh Farm Estste4 • 1.2 ).rxatiorl. The location alb,planned community is within the boundaries of the city of r 1 Lake Oswego In Clackamas County. 2.3 Mantis of Lots. The planned community consists approximately i4 residential Jots. l 2.4 Lapl D iptionof RerJ Proa,,,pr . The legal description of the real property included '- In the planned community Is attached as Exhibit I. t 6e-0.31453 i. 1-Anaattirneol4to Deolaradon nwr2ltio.v., . I I I 1 ill EXHIBIT 13 • LU 00-0069 r • 2•3 Law Dosor oligeofContmon Area Prcper1y. The descriptionofthe common area propcny Included In the planned cornnnsruty is coached as Exhibit 2, 2.6. aegesjinjaultsaaigifigliimummarzlou. Declarant agrees to complete general sub dlvialon Improvements,iu:h iu griduia,the paving of Sunda,installation of curbs and atroet lights, • the installation of underground ulitity lines per plan*end the installation of sower lines and storm water soda tor. Nothing herein Is intended to timit Doclarent's rights to add improvements not descr tee emptste making any improvements to individual Lou. (lii. ANNEXATION OF ADDITIONAL PROPERTY 3.1 Aretensilon W thotu ApotpnLafMamheriltjp. a. At the owner thereof ar, if not the owner, with the consent of the owner thereof, . Declarant shill have the right`and option from time to time et any time to subject iddhlonal property to the provisions of this Declarations and the jurisdiction of the A3/471atien by filing for record in the real property records of GYsekamar County, . Oregon,a Supptsanerrtary Deolant ion in respect to the property being anne ed.Any such supplementary Dealeratlon shell be effective upon the tiling for record ofauch Supplementary Declaration unless otherwise provided therein.There is no limitation • upon the number of lots or units which Declarant may crate or annex to Delis Farm Estates nor is there troy limitation on the right of Declarant to annex common t! property. b. :n the event edditional lots or units are created or annexed, the owner of each rtoh 1. • lot or unit chap be entitled to one vrMe,in the same rranr,er that an Owner is attitled • to one vote, and the owner of each such lot or unit Steil share in the common. txpeeses u provided hareefier • o. The right reserved to Declarant to subject additional land to the Declaration shaft not impose, and shall not be lmplled or construed to impoea, any additional obligation upon Declarant to Subject any of such additional land to this Declaration or to the • Juritdiaion of oho Alsoclation. If such additional land is not subjected to this Declaration, Declarant's reserved rights shall not impose any obligation upon Declarant to impose any covenants and restrictions eanitar to those contained herein upon such additional land nor shall weft right in any manner limit or restrict the use to which such additional land may be put by Declarant or any subsequent owner thereof,whether such uses are eenatstent with the covenants and restnotions imposed hereby or not. 3.2 Annexation With Appro_wLof M.omberehip, Subject to the consent of the Owner thereof, upon the aMrrnative vote of a majority of the Members of the Association present or represented by proxy at a meeting duly called fbr such purpose,the Aaaocintion may annex other real • 2—Amendments to Declaration . e, iiut'Avam.r■...+.,e.t,�r.N 4111 property to the ptovirions of this Dexlaraticn and Ns jurisdiction of the Association by filing for record in the rant property records of Cltckamas County,Oregon, a Supplementary declaration in respect to the property bring annealed_ Any such Supplementary Declaration OM be aipsed by the President and Secretary ofthe Associattor',end any rich annexation shall be effective upon the fiure for the record of stab Supplementary Dedaratlon,unless otherwise provided therein. 3.3 thillogulgyjgg. The Declarant has no peon,at this time, for the expansior.of the planned community. 3.4 No Right to Withdraw a rt1t- The Deciarint is not rescuing the light to withdraw property(horn the planned community." 2. Subsection 5.5 Snuffed"Maximum Annual Assessments"in the section entitled"Cevennes for Aasaam nta"la dslaod in Its entirety. 3. ne tint aentonee in aulaection 7.3(g) in the aoation entitled"Restrictions on the Type of Strt# Kai Permitted" is anlatded to kd a s.follow i • 'The construction of any building on any lot,!iv:44411ns painting end all exterior f rdsh,steals be completed within nine(9)months ofthe beginning of construction so as to present a finished appesnnce when viewed from any angle." • 4. The first sentence in subsection 7,3(h) in the faction entitled "Restrictions on the Type of Structure Permitted"is amended to reed as follows: • " All landtcatping rnua be cornpietcd within nine(9) months from the tints construction ecrwetmcee on the residence," i I 5 The fotowing sentanoe la added to the beginning of abaection 7.3(i) in the aeaiun entitled "Restrictions on the Type oftitructurs Permitted": Cit "All fencer shall be PVC spilt tail fencing,three fowl maximum in height, not exceeding a height of forty-eight (41) inches, and shalt be consistent with the exiring Subdivision petimuter Roving." 6. The following provisions are added to the Declaration of Covenants, Conditions and • Restrictions between the section entit;od"Architseturat Review Committee"and the region entitled "Punt Mortgagee': "XL HOMJOWNLR8 ASSOCIATION, 1 1.1 Jntarim Roardlnd()Motel The Declarant hereby reserves adininistretive control of Ins Aaaaciation. The DeeJamt,In ell role disotator), shall have the right to appoint and remove 3—Arner,dmeota to Declaration ,wpt,,t . . .µ J 0 members of a throe-member beanie Board of Directors, wtdah shell nsnsge the affairs of the Association, end which shall be f woaled with all powers tend rights of the Hoard of Directors. Notwithstanding the provision§of dila Section,at the Turnover Meeting it least one(I)Director shall be sleeted by Owners other than the Decluunt,even ifthe Declarant otherwise hu voting power to elect all sera)(3)Directors. 11.2 TrenaltkagUidvIsury Conmit,io, The Dadarsnt shell form?ransitiotnsl Advisory • Committee to provide for he traniltlon of administrative control of the Assoc,ation from the Doalarant to the Association Net ;star than the sixtieth(60)day after the Declarant has conveyed Lois representing t1Ay percent(SO%)of all votes in Bergin Farm Estates, the Declarant shall call a meeting of Owners for the purpose of seeding a Tranaitionet Advisory committee. The committee i 'hell conalat of throe(3)members. The Owners shal',by a majority vote,elect two(2)mexnl ere,and the Declarant shall elect ens (1) member, The commit'', shall have reasonable access to such Information and documents as the De larun ii required by law to matte svaileble, If the Declarant fails to ash the meeting required under this section,any Owner may do so. 11.3 XJ ntOver)vteepjpg. The Dec/entre shall calla meeting for the purpose of turning over administrative control of the Association from the Deolitar:t to the Owners within one hundred twenty(120)days of the earner of; f S. A dale five(5)years from the date this Declaration is recorded;or b. The date that Lots representing seventy-five percent(75%)of the total number of votes have been eonveyed to paeans other than the Declarant. • The Deets/ant'gall give notice of the meeting to each Owner at+provided in the Bylaws If the Declarant does not call the meeting required under this section,any Owner may do so. 11.4 Transikr gfC0InmouLawieray. At or before the turnover meeting,Declarant shell dead the Common Properly to the Assodettos., end the AssoclatIOn shall ecoept title to the Common Property. The Assaclation shall socept the Common Property AS 1S Dec4rsnt is making no represetttstiorta or wur ndiis about the condition or uses of the Common Property. Upon deeding, the Declarant shall have no further responsibility for maintaining orimproving the Common Propeny, XJI, ASSOCIATION'S RIGHT TO SILL OR LNCUMDER COMMON PROPtR'JY. The Auocluion stall have the right punuar.l to ORS 94.655 to sell,convey or subject to a security interest any portion of the Common Property." t{ IN WITNESS WHEREOF.thin Amendments to the Declaration of Covenants, Londrtions, and Restrictions For Borgia Farm Estates is adopted as of lids /el day of WY e 4—Amendments to Dedultion rremrrtjr. • S J r— • • 1999. The Scttollender Companies,Inc.,an Oregon corporation • .ems' �'a �.�...-„�G� D A.SCttodandw,P ten • Magna G+rsn Ure poration . 1. • By: • o'er r l STATE OF ORBOON ) of COUNTY OF 5 ) THIS IS TO CERTIFY that ontitis /34, deyof Yrrkrc.ry , 1999,before me, the underaiyned, a notary public in and for the State of Oregon duly commissioned and sworn, personiDy appeared Dow1d A. Ss1tcllartdsr to me known to be the President of The Sclwllutder 1' Companies,inc., an Oregon corporation,the corporation that ex.aued the within and foregoing instilment, and b. knowledged the said instrument to be the flee and voluntary act and dead of saidf. corporation for the usea and purpose*therein mentioned,and on oath stated that he was authorized to eaecute said ifattuttlent. WITNESS arty hind and official acal the day and year in this certificate first above written. 410At � Notary public)to and Per the State of Oregon aOYtIM110M ttMlst My conlmisalcil expires 3/ti b%C• ti'•tO t11NOMIIPIltUItMY,awI STATE OF OiOON ) COUNTY OP Q ttonw, ) - t THIS IS TO CERTIFY that oat this j t7 I't day of ,'Y1 n fc f1, ,1999,b,(tre • the undersigned, a notary pukka In and for the Sute or Oregon, duly i mmtalotted and sworn, 5—Amendments to fMclaittion Fs.wrovLA.n.,,.a.+.a...�..+wr i • • • • 9J STAFF REPORT • CITY OF LAKE OSWEGO PLANNING DIVISION APPLICANT FILE NO. Richard Breakiron LU 00-0049 PROPERTY OWNER STAFF Brad Gearhart Sandy Ingalls LEGAL DESCRIPTION DATE OF REPORT Tax Lot 2900 September 7, 2000 of Tax Map 21E 4DB DATE OF HEARING LOCATION 4111 September 18, 2000 15199 Lily Bay Court NEIGHBORHOOD ASSOCIATION ZONING DESIGNATION Lakeview Summit R-15 COMP. PLAN DESIGNATION R-15 I. APPLICANT'S REQUEST: The applicant is seeking approval to modify LU 99-0066, (a tree removal request for 9 trees) in order to modify condition of approval A(2), as follows: 1. To reduce the required tree protection zone from 10-feet to a minimum of 5-feet. 2. Remove protected tree #9,a 14"Big Leaf Maple. 1110 LU 00-0049 Page 1 of 7 II. APPLICABLE REGULATIONS: A. City of Lake Oswego Zoning Ordinance: • LOC 48.02.015 Definitions LOC 48.02.020 Compliance LOC 48.06.195 —48.06.225 R-15 Zone Description B. City of Lake Oswego Development Code: LOC 49.16.015 Definitions LOC 49.16.020 - 49.16.030 Application of Code, Planning Director Authority, Fees LOC 49.16.035 Development Permit Required LOC 49.16.040 Development Permits Restricted LOC 49.20.110 Minor Development LOC 49.22.200 Burden of Proof LOC 49.22.205 Development Standards LOC 49.22.215 Review Criteria for Minor Development LOC 49.22.225 Conditions of Approval LOC 49.36.700—49.36.720 Application Requirements LOC 49.40.800—49.40.815 Review of Minor Development Applications LOC 49.40.820 Appeals of Minor Development Decisions LOC 49.56.1300 - 49.56.1310 Effective Date of Decision • LOC 49.58.1400—49.58.1430 Compliance with Approved Permit C. City of Lake Oswego Development Standards (LODS): 7.005 - 7.040 Off-Street Parking, Loading and Bicycle Access Standard 12.005 - 12.040 Drainage Standard for Minor Development 14.005 — 14.040 Utility Standard 18.005 — 18.035 Access 19.005 - 19.040 On-Site Circulation -Driveways and Fire Access Roads D. City of Lake Oswego Tree Code(Chapter LOC 55): LOC 55.02.080 Criteria for Issuance of Type II Tree Cutting Permits LOC 55.02.085 Request for Public Hearing on a Type II Tree Cutting Permit LOC 55.08.010-030 Tree Protection • LU 00-0049 Page 2 of 7 E. Previous Action(s): • PD 3-85 LU 99-0066 III. FINDINGS: A. Background/Existing Conditions: 1. The subject site is the last vacant parcel in the Village on the Lake Planned Development, PD 3-85 (Exhibit 8). The lot is approximately 9,345 square feet in size, and zoned R-15. No historic designation exists. The rear half of the site is within a Resource Conservation (RC) area (Exhibit 8). Since PD 3-85 (Exhibit 8, pages 45-60) was approved prior to adoption of the Sensitive Lands Ordinance (LOC 48.17), the requirements of this standard do not apply to the site. The resource protection issues, e.g., protection of trees and wetlands, have adequately been addressed as a part of PD 3-85 approval process. Where resource protection has already been addressed by a prior approval and resources are mapped, the requirements of LOC 48.17 do not need to be addressed. 2. A building permit for the site (99-1793) has been reviewed and is on hold pending approval of the tree-cutting permit. Exhibits 2, 3 and 10 illustrate the revised single-family dwelling to be constructed on this site. • 3. The subject property is generallya rectangular sha ed lot (Exhibit 1 . P flag ) Access to the property is from Lily Bay Court, (Exhibits 1, 2 and 8). Properties abutting the site are zoned R-15, all with existing single-family dwellings. The Union Pacific Railroad has a line running near the northern property line. 4. The site is on a moderate slope with approximately a 9-foot difference in elevation from the front of the proposed dwelling where the garage will be located down to the rear of the house. The front, northern portion of the lot is approximately level and the highest section of the site (Exhibits 4, 5 and 8). The rear falls off into a shallow "U" shaped ravine that continues into Open Space Tract A (Exhibit 8). 5. More than 21 living trees over 5-inch diameter at breast height (DBH) currently populate the site, along with five trees that are dead. The predominant trees on the property are Douglas Firs (Pseudotsuga menziesii) followed by Big Leaf Maples (Acer macrophyllum), (Exhibits 2, 6, 9, 10, 11 and 12). Most of the trees on the site are overgrown with ivy, and many have lost portions of their canopies to parasite and windstorm damage (Exhibit 8). Downed limbs, blackberry, ferns, ivy and yard debris predominately cover the site floor (Exhibit 8). • LU 00-0049 Page 3 of 7 6. On January 19, 2000, the Development Review Commission held a public hearing (LU 99-0066, Exhibits 7 and 8) for tree removal issues. The applicant had applied for a tree removal permit, (TC 99-0166) to remove nine trees from • the property in order to construct a single-family dwelling. A neighbor requested the hearing in order to stop removal of some of the trees on the site, Exhibit 8. The Commission approved the tree removal request subject to several conditions. The Commission found that the proposed house must be relocated in order to accommodate the nearby trees and that all trees adjacent to the dwelling shall have tree protection fencing installed around the trees during construction at a distance of no less then 10-feet from the trees [Exhibit 7, Condition A(2)]. The Commission allowed only trees numbered 8, 12, 13, 14, A, B, C, D and E to be removed. Trees numbered 1, 2 or 11 were authorized to be removed only after specific findings were made by the City Manager regarding site access issues. The applicant was required to submit a grading plan showing minimum excavation, fill around trees, and submit a final landscaping plan for review and approval by staff. B. Compliance with Criteria for Approval: The applicant has submitted substantial information and a complete application as illustrated in the exhibit section of this paper. City of Lake Oswego Tree Code (Chapter LOC 55): 4110 This Ordinance requires that applicants receive City approval before removing any tree whose trunk exceeds five inches in diameter at 4.5 feet above ground. An evaluation of that removal shall occur as a part of a minor development application, subject to Type II Criteria as listed in LOC 55.02.080(1-3). The applicant requested approval of a permit to remove 9-trees within or adjacent to the proposed dwelling footprint,pursuant to LOC 55.02.080. A neighbor requested a hearing to stop removal of some of trees along their joint property line. The Commission held a public hearing and under LOC 55.02.094 approved the applicant's request for removal of trees numbered 8, 12, 13, 14, A, B, C, D, and E, Exhibit 7. The Commission also established a protection zone around all other trees on the site at 10- feet, with appropriate fencing to be installed throughout construction, until the final building inspection is completed, Exhibit 7. The tree protection zone is an "area reserved around a tree or group of trees in which no grading, access, stockpiling or other construction activity shall occur as determined by the City manager to be appropriate based on review of the tree and site condition." • LU 00-0049 Page 4 of 7 LOC 55.02.094(2)(b)—Conditions of Approval for Tree Cutting Permits. • Under LOC 55.02.094(2)(b),the applicant can request a modification to the Conditions of Approval that were imposed by the Commission. This section of the Ordinance states that "conditions of approval may include, but are not limited to: Requiring modifications in the location, design or intensity of a development or activities on a site or to require or prohibit certain construction methods." Under the provisions of LOC 55.02.094(2)(b), the applicant is requesting modification of Condition A(2). These changes include: 1. The applicant is requesting the removal of tree#9, a 14" Big Leaf Maple that was protected through the hearing process. The applicant has submitted additional analysis from his arborist stating that the tree is "not a good-quality specimen. It had been growing in a subordinate position in the stand, and has characteristic low vigor and deformed crown. Also, the tree is very close to the proposed house. In my (the arborist)opinion, the tree should be removed due to condition and interference with construction. It(Tree#9) is unlikely to provide any long-term benefit", Exhibit 9. Tree#9 is located approximately 5-feet from the proposed dwelling, Exhibit 3. The applicant was required by the Commission in the previous action, (LU 99-0066) to redesign and reduce the size of the dwelling in order to preserve all of the trees listed in Condition of Approval A(2), Exhibit 7. A comparison of the original site plan (Exhibit 8) • indicates that the original footprint has changed slightly; however, staff finds that the revised footprint further encroaches upon not only tree#9, but also trees 3, 7, and 11 (discussed further below). Staff finds that the condition of the Tree#9 has changed little from the arborist's first report dated December 27, 1999 (Exhibit 8, page 40), where the arborist states that the Big Leaf Maple is in 'fair"shape. Staff finds that the condition of the tree has not really changed since the Commission deemed it protected. Staff finds that Tree #9 should remain standing and the dwelling footprint should be reduced to accommodate the tree. 2. The applicant has also requested a reduction in the 10-foot tree protection zone around the remaining trees set forth by the Commission. These changes incluJe • Site the proposed driveway within 5-feet of trees # 1, 2 and 3. • Hand-dig the foundation just 9-feet from tree # 3. • Place the foundation within 5-feet of tree # 7 and construct a grade beam to bridge tree roots. • Place the foundation within 7-feet of tree#15 with a grade beam installed where needed to bridge roots. • Place the foundation within 6-feet of Tree#16. The base of the tree will • then be approximately 3-feet above the foundation grade. LU 00-0049 Page 5 of 7 The applicant was required to position the dwelling foundation back from adjacent trees in order to preserve and protect the trees, and install tree protection fencing at a distance of at least 10-feet, Exhibit 7. An evaluation of • the revised site plan shows that the overall house square footage has stayed approximately the same and the outline of the dwelling has shifted slightly as seen in Exhibit 4. Exhibit 4 illustrates the rotation and possible enlargement of the garage section on the north side of the house, expanded northeast corner of the dwelling and moved closer to Trees#'s 3, 7, 9, and 11. Staff finds; however, that the applicant's proposal will move the house further away from Trees # 10, 15 and 21 located along the eastern foundation of the proposed dwelling. Some of the trees would be located within 3-feet of the base of the foundation cut. The applicant's April 26,2000(Exhibit 9)arborist report suggests that alternative foundation construction would provide the tree's root systems room to grow without interfering with the dwelling foundation. Staff finds that the bridge type of foundation will increase the possibility of the tress remaining healthy; however, constructing any type of foundation within 3-feet of the trees will most likely disturb the trees root system. Staff also fords that the proposed foundation construction in close proximity to the trees is in conflict with what the Commission required in the previous action, LU 99-0066. Deciduous trees, such as maples, have an hourglass profile with the root system spanning outward approximately the same distance as the tree canopy. Staff finds that reducing the protection zone around the trees on this site could compromise the root systems, especially as close as 5-feet from the trees. • Staff recommends that the protection zone stand at 10-feet and that the applicant modify the building design and location as originally required in LU 99-0066. Any conditions of approval imposed as part of a previous approval, or prior development permit affecting the subject property: The applicant is requesting to modify condition A(2)of LU 99-0066. Please refer to staff analysis of related issues above. IV. CONCLUSION: Based upon the findings within this report, staff concludes that LU 00-0049 cannot be made to comply with all relevant criteria. V. RECOMMENDATION: Staff recommends denial LU 00-0049. • LU 00-0049 Page 6 of 7 Exhibits • 1. Tax Map 2. Revised Site Plan 3. Revised Main Floor Plan 4. Composite Footprint Site Plan 5. Applicants Grading Plan, June 9, 2000 6. Applicants Revised Grading Plan, June 14, 2000 7. LU 99-0066 Findings, Conclusion&Order 8. LU 99-0066 Staff Report 9. Applicants Application, May 19, 2000 10. Applicants Supplemental Application, June 7, 2000 11. Applicants Supplemental Application, July 6, 2000 12. Applicants Supplemental Application, August 9, 2000 Date of Application Submittal: May 19, 2000 Date Application Determined to be Compete: August 15, 2000 State Mandated 120-Day Rule: December 13, 2000 • P:Sandy_VCeses/LU 00-0049/LU 00-0049Report • LU 00-0049 Page 7 of 7 • S • . • SITE ..r JCL,. J '_-C. I tn•••. i `S R. E. YV.M. 5 MAP 2 IE 98A SEE CKAMAS COUNTY A" 7200 '3'S MAp L 9, 7500 L 7300 klT a°•7 .....--" :. -els�w .1 L 8 15467 •►. ISt00 s'(_ 7000 ` e it o 7600 a .3 10 19s5 2 -1/• _'4 7400 : CO i�3 as ° a e A 12800 ON THE I �a O ALL 9 7 J '�i'�°46� 6900 ��s�R. s - " ill 9• luta )�.6 ,b 4 TRACT A.. .zo..02' 'a 7.. e L �a re ✓-' — I o , /r boy OPEN SPACE 1 Q� P 1 0UQ / I a-,..c. . O t Q ' •J`BSe GE 92.0 a a L 7 , _.--..s'; ". ' „... 2 °;1 4! '�79p' y h a s .e. k �9300 ^i° b r 15490 �" ''�Jy6700 % 6600 4• ZP 'r• 15551 r:S t5519 y.4 Eo ••0 Isost �°' 9R00� J' 9600 4 „9i y 6500 L ILLY Porvl� " a .W 1s,& i ,7 ' 1s514 e_3 .�'' 1619 L. i k 6s90 f d6. o �� R 4. 15571 31 w c. F! u 1\i 33 °t.G 5 /6300e e ,P K 98005�Z, e u q; 1 '/ 160 's' r fs. t 3 gp• ►�,•s rs 9900 a x ^yo �Q uV/ J662tt0 t . N r' f553? 'a� .1. ` ' 1535 op, 19 e... 2 y155?i :y6 5500 •� w pi? 1 4$. /.a O5 9 ° G / o 2 5 y" 1606 4 •eet T ►l d . ! m _ ar. 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' .� CCESS E1\SEMENT = TREE/3 60.1 __ 26' .,_ D.F. _ DRIVEWAY r0 BC YD - ---- 26Y -- ---'D•F•"- _B Ilk CLOSER MEN s FEET N 84 04_23" F 6-F, / D.F. i Q TO ANY EXISTING TREES -- .>L- ----- I 1 1 �\ I 1 1 : I ,1 G` DRIVEWAY TO BE AN "- AVERAGE GF 11 KM AID 1. 1 i "' -L D.F. - TREE w b a X , 8" _ 8" _ , 11 ` TREE It T N• \1 t I/ i1STLR S 6.. _ — D.F. — 2+', = e. �f D.F. �� D.F. ��/ �� D.F. . S a• _ f�� i �` / 1 ' Tr _ , D.F./ - T1 C 1 I I1 "°rcE �_ I \� I/ TREE/0 TREE/1s O 9 %i TREE f11 TREE/1? 2g "�^ ei D.F \24L f/ TREE /1+ / D.F . t7` �. - D.F �2A1.��— ` •I I \ 111 —\ \D.F� c n x _ 1 YDdF'IED Q / \ O OEC1f r. 1 -�110\ / 11 �� DE l7Ep� �. � D.F. `, -_1 I(TREE /13 f SEE < I�1 DEp9 DEAp 1tREE�jf �� ZR£� tR£E • p D.F. 7 t` 1:1jREE (� —TREE /t6=s, 1 C�. l l� C 1 r. I MAPLE MAPLE 4 C.. 6t 1`j -CLUSTER CLUSTER s 6 w /D.F .•• ( ] r ] r" — 12• r11 m D.i. - • 1 CO1 N r • -l• i --• f Zo otosa- 4 Lu 111 - 0 0 660 - .fl _ cat a-i o►�J Re QuC S'� r,1: r 5 199 ,fit I‘1 641 LDUrQr lik° Tax 1''14-P 11 G i.ltA Lotak 190O ± i • r 4 1 1 I m o 1 1 --- 1 4 - l..G_1L---- •--- / 1 1 1 1l-_J� ■ + L �7 jrr� L. W gg 7z.,t 0 \\ Z -- --- -----... _ I 00 /./ 10, L. I• i_ T M O === f Ili, =-=1 � IV e If I `. I- 0 �� z i 4 4y4y1 1 I I i I r Z J Q Q u_ ! -I LL i5rip :i:IIiT L Ic ueaa 3av11c 1 Nt Y p (1 i_ a 1. g 4 _I ' t c -4: h . IL `• tS I EXHIBIT 3 LU 00-0049 •,., L, 'v0 4 I • • • . o r� as. 4- - Foa 4-er; nf" Si -1- - Flati / -- - / 26 T�mEE �x` i MAPLE ,•I D.F. D.F. / ., \' I 1 \ Vy �\ - la"/�\\/ TREE /I `h OT >.,/;.";s �` T' /�/ QY _ 26' .`•y! D.F. _ cr•I:55 Ln5E % _ DRIVEWAY IO BE NO ` 4'01`.'`'. _- - -' - ---I / •- 9• \• \ CLOSER THEN 5 FEE1 . N 6 -------__ l- D F, r / \ D.F. / •\ 70 ANY E%ISTING TREES - A. I DRIVEWAY TO BE AN � -_-_--_- I AVERAGE OF 11 FEET i ._ •• -\ / 1 / _ -8` _ _ ' I I \. ,,1REE /7 — er I II [477 • I .\ '-'X ' D.F. -� O F \\ / \ \\ \ D.F. S % e _ \ I I 1 j ` I i T \ \/ i-l.t-�17' 7 , D.F. \' \.\ TREE re , TREE /1s \ "I': `5 -EL n TREE 1 nx 28" - '\ D.F. 24 / TREE na / I V 1 \ \ X O.r v D.F i \Zal-I� `•1i/ D.FI T � •'\,\ \ ) \ D.F C MODIFIED -XI - / DEAD DECK I REE n.1 u SREE ^I. _ ` • \ DEAE-.A'..- D�pD nRE.1eS SRE `\ �.�.\ 'TREE _- '\ \ ! 1:"�/. �� DEAD �. \' —TREE /le�,, -" I. ..- Y - ma o r V i IA4 L. 1 o of if){-t A ..\..�— RR 1 MAPLE MAPLE 4 CLUSTER 5 CLUSTER 5 f .�� (Zeai s2d Foo+pr;nf 2'\ 12- 11,.Y- 1\ —� �— _ •-- - \D F - I- ..__•• / \ r r~-+ m ,....4. PrIA�' �tnLroac4inr� ,`�� — I o = C10 e-r- -+o ree5 ,J 1 -t- S Ca le ) _ a D CO e$ Eo1.nlws- 1 r jj). •• L'' O NLf O •i^ N W 1- \ o `1 // q1� COm CDvt , O % O Cr) �, 207 6����"�— t05 "na,iI ` /IMpLE , ,. ,,,,, W 1 "kik LILY BAY m D.,F. o.F. \' I, ,.• COURT a a "`"T- I CCE$5 EASEMCNT _Rt N� `26- 05. _ .-� 7¢ Y, N z —1 noon to on° o.moo o N 0 �. r. or L , t920i Bat. SI t, . ov e, .or _ —us __�T� �Onl EW r r 11,\• f It I t\� / 8, GARAGE rn.r 01 °a. �= G us'7{ = 8� r _ ',,.s, \ .8; ♦ 96.5' 1..V, , 1 le 1,,,,, rr..0.. Y t -J� 6� O.F. O,f. _ p 1. t 7V O.r. i I 1` I It�� D.r $ 9 X f '- J° h' Mbare �! ie s. - y. ``\ \.li \2 Lt mot n• MAIN FLOOR },D ` F78p aili ij • or r 91 e e it: �i• \ : or' I I, 88.0'ti IKE (L.98 e•% ``mil i t a DE e \ ����, 96 r -' na *tr l or E e_r i'l't— — — F 010 ,,r DEAD ,_ „e I, % O 1pEE �1 — l 1 \ \0 ;.A -. - DEAD e 9 Cr) m T < 1 ; < I= YAPLE , \ N CC .1•I% /MAPLE ,jw '�- ' QUS1ER S i -CLUSTER S u °'. ! v ! t. s n '1 pr. � ��� 1599 m - 'r a RECEIVED ,0 ..IUPi I )1111(1 r0. c�.i'I� ia.0 CITY OF LAKE OSWEGO J Dept.of Plowing>i Owabpinan1 O 0 w Wx Ow _ x F =O l; x O si x .� K U i'd o, ID S 1111 t • ED ... e/ VI'. e 0 - \ a CO O W ..>\ U m VVVO .4 J \1 I I q� /956 = S vr U ` U / — � ] o I 26-__--,..--.4-.., 103 .or a am lE , •i o 7�p• ` i2• 1 f 1r t� . • ^I LILY BAY •' \ 1.' ` COURT 9 /. 4. J" •55 EAst.ocsI 9 R2�I N/ 49_—_4j�s�r O.i. = J 78 a�os.ml. rtr• p ' 111 l .IY.10' 8.• •p'SI•w:" .. _ .=caic 111�~ }� _ IJS PS f o p a:‘, tl rppp, 1 fr1�11r N 118'�0'16'���� a. - nr. =�`` ~♦ ♦ r..� \J �_ f• pp, ♦ z. GARAGE Pa,wl.. J• Y a $� US _ g' ,r O.F. ~_ /1.` �..ti • 91t5 , °n'11♦�"�f a�J�r, ci' qa Q>,I 1 E• D.F. / OD D.S.♦ 1 —— r .sa, w Phi? I `e, ;.F. • I Il I Ii °'�1. �• nu' mow./�.♦♦.\ 1 i1 ` •vJ, • ��, -i 1 -. ♦� Y9ER F11,,f00� \\ ♦♦♦\t„.4V.:........ .... ) ♦♦ :Mil y i .6 a 1 i'r .1 l �� 6�N V N O t 1�' MAPLE , V MAPLE, , 1 ' N w I i • ClUS1ER f 1 EUIVER,S a \` i••1 7 1` 1 T 1 <, .0 6a 1 .... C k.S f-AA•U (2 �Yr `)�D.F♦ ; �N'd .1S•9G lIp N�pj�'�to ..-- Grad,r✓ ca 5 Cr RfIS 1 h\ 1` -v 1 • egg 4. Finial Graol� r qM rota 1 v p_._V(5 r-d 5 r 4 d i n� P l4 1,1 Qe l RECEIVED O 0. • JUN I ' 7'nU "„ o =o C • CITY OF I.,,""OSWEGO o Upl.of hw woo i a OwNoploit ; oY 7.-, „ T 1J O 4 lZ 7 if,' 0 0 0 11 5`iJ'/fir I.r^i � I 11t BEFORE THE DEVELOPMENT REVIEW COMMISSION 2 OF THE • 3 CITY OF LAKE OSWEGO 4 5 6 A REQUEST FOR APPROVAL FOR THE ) LU 99-0066 - 1355 7 REMOVAL OF NINE TREES TO CONSTRUCT ) Richard Breakiron 8 A SINGLE-FAMILY DWELLING. ) FINDINGS, CONCLUSIONS & ORDER 9 ) 10 11 12 NATURE OF APPLICATION 13 14 The applicant is requesting approval to remove nine trees for the purpose of constructing a 15 single-family residence. The site is located at 15199 Lily Bay Court. (Tax Lot 7100 of Tax Map 16 21E 9BD). 17 18 HEARINGS 19 20 The Development Review Commission held a public hearing and considered this application at 21 its meeting of January 19, 2000. 22 Aft23 The following exhibits were submitted to the record after the staff report was written: 4 25 Exhibit 14. Letter dated January 19, 2000, from Karen Cronin Wheat 26 Exhibit 15. Village on the Lake Plat, sheet 3 of 6 27 Exhibit 16. Arborist Report, dated January 11, 2000 28 Exhibit 17. Hearing Memorandum of Howard Franklin 29 Exhibit 18. Village on the Lake Plat, dedication, sheet 6 of 6 30 31 CRITERIA AND STANDARDS 32 33 A. Emersencv Tree Ordinance. (LOC 55.02.041) (adopted on September 28, 1999) 34 35 B. Lake Oswego Tree Code: 36 37 LOC 55.02.080 Criteria for Issuance of Type II Permit 38 (1) Dead or Dying Trees 39 (2) Trees that are Not Dead, Dying or 40 Hazardous 41 EXHIBIT 7 PAGE 1 LU 99-0066- 1355 LU 00-0049 t CONCLUSION 2 3 The Development Review Commission concludes that LU 99-0066 can be made to comply with • 4 all applicable criteria by the application of certain conditions. 5 6 7 FINDINGS AND REASONS 8 9 The Development Review Commission incorporates the January 19, 2000, staff report (with all 10 exhibits attached thereto), as support for its decision, supplemented by the further findings and it conclusions set forth herein. In the event of any inconsistency between the supplementary matter 12 herein and the staff report, the matter herein controls. To the extent they are consistent with the 13 approval granted herein, the Commission adopts by reference its oral deliberations on this matter. 14 15 Following are the supplementary findings and conclusions of this Commission: 16 17 1. The Commission received testimony by the applicant in support of staff findings, with 18 one exception. The applicant requested that the front yard setback be reduced from 20' to 19 15' as allowed by the flexible setbacks approved by the Village on the Lake Planned 20 Development, Exhibits 4 and 11. After reviewing the evidence in this regard (Exhibits 4 21 and 11), the Commission finds the Village on the Lake Plat provides for flexible setbacks 22 in the project and that staff is authorized to make the necessary adjustments in the front 23 yard setbacks administratively. Therefore, pursuant to the Village on the Lake PD, the 24 issue is not properly before the Commission. (The Commission notes because of the • 25 presence of a 16.5-foot access easement along the north property line, the front setback 26 may only be reduced to 16.5 feet in order to prevent any potential encroachment into the 27 existing easement.) 28 29 2. The Commission received Exhibit 14, a letter from Karen C. Wheat, an opponent raising 30 issues with surface water runoff and erosion concerns. The Commission questioned the 31 applicant and staff about existing streams on the site. The applicant stated that no 32 streams existed on the site. The Commission finds that no stream exists on the proper. 33 and that drainage issues associated with dwelling construction will be adequatei 34 addressed by the Building Division in accordance with the Uniform Building a.^J 35 Planning Codes. 36 37 3. The Commission heard evidence from-opponent Howard Franklin, a neighbor, and hi 38 attorney Daniel Kearns, dealing with, and reached findings and conclusions as set forth 39 below: 40 41 i. Access: Staffs Exhibit 15, Village on the Lake Plat, sheet 3 of 3 illustrates that 42 Lots 2 and 3 have reciprocal easement agreements, however, Exhibit 18, the 43 dedication and declaration sheet of Village on the Lake Plat does not declare that 44 easements as shown on the plat are in fact declared and granted. Mr. Franklin 45 stated that the joint access easement between the site (Lot 2) and his property (Lot • PAGE 2 LU 99-0066- 1355 i 1 1 3) does not exist, as the easement is not recorded on the neighbor's property title 2 for Lot 3, nor is it binding upon him by its depiction on the plat. It was believed • 3 by Mr. Franklin that the applicant would be required to take access from Lily Bay 4 Court via the flag pole portion of the site, rather than utilizing a shared access 5 easement. The applicant believes however that the plat's depiction of a shared 6 access easement is available to the applicant. The resolution of the legal status of 7 the shared access affects the necessity of tree removal "in order to construct 8 development approved or allowed". LOC 55.02.080(3)(a). 9 10 The Commission finds that the determination of whether or not a shared access 11 easement exists is a legal question beyond the jurisdiction of the Commission, but 12 that the Commission may require the legal nature of the shared access easement to 13 be resolved (either by a recorded agreement by the applicant and Mr. Franklin, or 14 if efforts to reach mutual agreement are not successful,then by other efforts by the 15 applicant to the satisfaction of the City Manager), in order to determine whether 16 removal of additional trees within or adjacent to the wider access area are 17 necessary on the applicant's property than if the shared access easement were 18 available. 19 20 If the City Manager finds that the parties could not reach a mutual agreement and 21 that the applicant has made necessary and appropriate efforts to resolve the legal 22 status of the shared access easement and there is no binding determination of joint 23 use of the shared access easement, the Commission finds that it would then be 24 necessary for the applicant to construct a driveway within a larger area than stated 25 in the application, and the Commission approves the cutting of Tree Nos. 1, 2, and 26 11 upon a determination by the City Manager that the applicant has modified the 27 driveway, retaining as many trees in this section of the property as possible 28 consistent with the vehicle access needs to the property and dwelling, but 29 preserving the trees in the area to the extent possible. This would include winding 30 the driveway between trees, bridging root systems and trimming lower branches 31 instead of removing trees where practical. 32 33 ii. Tree Preservation: The opponent discussed the need to preserve tree#5 illustrated 34 on staff's Exhibit 6 along with other perimeter trees on site and the size and 35 number of dead trees to be removed. He also discussed preserving the 26" 36 Douglas Fir that the driveway skirts and need for tree preservation plans. The 37 Commission finds that all the perimeter trees will be preserved on site and the 38 dead trees will be removed. 39 40 iii. Tree Protection: The Commission reviewed the arborist report (Exhibit 16) 41 submitted as evidence by the opponent. His main concern was the protection of 42 the 26" Douglas Fir adjacent to the existing driveway and condition of the 14" 43 Douglas Fir just off site once tree # 5 was removed. The arborist gave 44 suggestions of good tree protection techniques and a preservation plan for the site. • PAGE 3 LU 99-0066- 1355 1 The Commission finds that the applicant will install erosion and tree protection 2 fencing as described below and required by Code. 3 •4 4. The Commission finds that: 5 6 i. The applicant agrees with staff's recommendation to reduce the deck size and 7 rotate the garage to preserve the trees and install tree protection fencing during 8 construction. 9 10 ii. If the driveway must come off Lily Bay Court, the garage will have to rotate to 11 accommodate the driveway angle and built in a manner that the 26" Douglas Fir 12 tree located along the northern, flagpole property boundary of the site and Lot 3 13 will be protected and aerated. 14 15 iii. Condition A (1), needs to be changed. Reference to Exhibit 9 should be replaced 16 with Exhibit 6. 17 18 iv. Exhibit 6 should note a change showing tree #16, as a tree that should be saved 19 and tree #11 listed for possible removal, if needed because of impact due to 20 garage rotation. 21 22 v. The removal of the seven trees within the footprint of the proposed dwelling and 2 23 or 3 outside of the house is in conformance with LOC 55.02.080 (3). This 24 includes four living and three dead trees. 5 25 26 vi. Dead trees labeled "A" and "E" that are adjacent to the footprint should be 27 removed. 28 29 (Continued next page) 30 • PAGE 4 LU 99-0066- 1355 r S/1 1 ORDER 2 • 3 IT IS ORDERED BY THE DEVELOPMENT REVIEW COMMISSION of the City of Lake 4 Oswego that: 5 6 1. LU 99-0066 is approved, subject to compliance with the conditions of approval set forth in 7 Subsection 2 of this Order. 8 9 2. The conditions for LU 99-0066 are as follows: 10 11 A. Prior to the Issuance of the Building Permit. the An nlicant/Owner Shall: 12 13 1. The legal nature of the shared access easement shall be resolved (either by 14 a recorded agreement by the applicant and Mr. Howard Franklin, or if 15 efforts to reach mutual agreement are not successful, then by other efforts 16 by the applicant to the satisfaction of the City Manager), in order to 17 determine whether removal of additional trees within or adjacent to the 18 wider access area are necessary on the applicant's property than if the 19 shared access easement were available. 20 21 If the City Manager finds that the parties could not reach a mutual 22 agreement and that the applicant has made, in the City Manager's 23 discretion, necessary and appropriate efforts to resolve the legal status of 024 the shared access easement and there is no binding determination of joint 25 use of the shared access easement, and the City Manager finds that it 26 would then be necessary for the applicant to construct a driveway within a 27 larger area than stated in the application, Tree Nos. 1, 2 and 11 may be 28 removed upon a determination by the City Manager that the applicant has 29 modified the driveway, retaining as many trees in this section of the 30 property as possible consistent with the vehicle access needs to the 31 property and dwelling, but preserving the trees in the area to the extent 32 possible. 33 34 2. Submit a revised site plan showing the rotated garage, reduced deck along 35 the eastern side of the house, a reduction in building footprint and 36 alternative driveway location no closer than 10 feet to adjacent trees 37 numbered 1, 2, 3, 4, 5, 6, 7, 9, 10, 15, 16, 17, 18, 19, 20 and 21 per the 38 arborist's reports (Exhibits 6 and 12), except as modified by condition 39 A(1), above. 40 41 3. Submit a grading plan showing minimum excavation and fill around trees 42 to remain. The applicant/owner shall clarify how the excess excavated 43 materials will be hauled away from the site in order to minimize damage 44 to remaining tress. • PAGE 5 LU 99-0066- 1355 Ji .L7 4. Submit a final landscape plan identifying number, size, and species of 3 trees, shrubs and groundcover for review and approval by staff. This plan • 4 shall illustrate mitigation trees measuring a minimum of 2" caliper 5 deciduous trees and 8' — 10' tall conifer trees. All vegetation should be 6 selected from the City's native plant list. 7 8 B. Prior to the Removal of any Tree. the Annlicant/Owner Shall: 9 10 1. Flag trees to be protected with bright flag ribbon tied around each tree. 11 12 2. Retain services of a certified arborist to supervise removal and protection 13 of all trees on the site throughout the entire construction process. 14 15 C. Immediately Following the Removal of the Trees, the Annlicant /Owner, 16 Shall: 17 18 1. Install erosion control measures in place. These measures shall be 19 maintained throughout the construction process, and until landscape 20 installation is complete and established. These measures shall include 21 broadcasting hay or grass seed in bare areas, and silt fences along 22 downslope property lines. 23 24 2. The applicant shall install and maintain tree protection fencing with a • 25 minimum of 4' tall chain link fence attached to posts driven into the 26 ground at maximum 10-foot intervals at the edge of the tree protection 27 zone or dripline, whichever is greater, and at the boundary of any open 28 space tracts that abut the parcel developed. 29 30 i. This fencing shall be flush with the initial undisturbed grade. 31 ii. This fencing shall be maintained until final building inspections 32 are approved. 33 iii. Approved signs shall be attached to the chain link fencing stating 34 that inside the fencing is a tree protection zone, not to be disturbed 35 unless prior approval has been obtained from the City Manager and 36 arborist for the project. 37 iv. No construction activity shall occur within the tree protection zone, 38 including, but not limited to dumping or storage of materials such 39 as building supplies, soil, waste items, or parked vehicles or 40 equipment. 41 v. The tree protection zone shall remain free of chemically injurious 42 materials and liquids such as paints, thinners, cleaning solutions, • PAGE 6 LU 99-0066- 1355 7 i petroleum products, and concrete or dry wall excess, construction 2 debris, or run-off. • 3 vi. No excavation, trenching, grading, root pruning or other activity 4 shall occur within the tree protection zone unless directed by a 5 certified arborist present onsite and approved by the City Manager. 6 7 D. Prior to Approval of Final Building Inspection, the Applicant/Owner shall: 8 9 Install all landscaping per the approved landscaping plan (as required by condition 10 A.3. above). 11 12 13 14 15 16 17 18 • 11111 PAGE 7 LU 99-0066- 1355 to 1 I CERTIFY THAT THIS ORDER was presented to and APPROVED by the Development 2 Review Commission of the City of Lake Oswego. 3 4 DATED this / day of . 2000. 5 6 g C AioiL 4 9 Juli C. i orales, Chairman 10 De lop ent Review Commission 11 12 13 14 � Q) ?a&yr 15 Janice jder 16 Senior secretary 17 18 19 ATTEST: 20 21 ORAL DECISION-January 19. 2000 22 23 AYES: Morales, Binkley, Cushing, Ostly and Miller 24 NOES: None • 25 ABSTAIN: None 26 ABSENT: Kiersey 27 28 WRITTEN FINDINGS - February 7. 2000 29 30 AYES: Morales, Binkley, Ostly and Miller 31 NOES: None 32 ABSTAIN: Kiersey 33 ABSENT: Cushing 34 35 • PAGE 8 LU 99-0066- 1355 • STAFF REPORT • CITY of LAKE OSWEGO PLANNING DIVISION APPLICANT: FILE NO: Richard Breakiron LU 99-0066 PROPERTY OWNER: STAFF: Preferred Homes Sandy Ingalls LEGAL DESCRIPTION: DATE OF REPORT: Tax Lot 7100 of January 5, 2000 Tax Map 21E 9BD DATE OF HEARING: LOCATION: • January 19, 2000 15199 Lily Bay Court NEIGHBORHOOD ASSOCIATION: COMP. PLAN DESIGNATION: Lakeview Summit R-15 ZONING DESIGNATION: R-15 I. APPLICANT'S REQUEST The applicant has requested removal of nine trees. Eight trees are proposed for removal due to the direct impact of constructing a single-family residence, Exhibits 3 and 6. Of these eight trees, four have been identified as dead or dying, and are located within or adjacent to the dwelling footprint. There is one large living Douglas Fir within the proposed driveway boundary that may have to be removed, as well, Exhibits 3 and 6. EXHIBIT 8 LU 99-0066 LU 00-0049 Page 1 of 11 � :: 1 II. APPLICABLE REGULATIONS A. Emergency Tree Ordinance, (adopted on September 28, 1999) • B. Lake Oswego Tree Code: LOC 55.02.080 Criteria for Issuance of Type II Permit (1) Dead or Dying Trees (2) Trees that are Not Dead, Dying or Hazardous III. FINDINGS A. Background/Existing Conditions: 1. The subject site is the last vacant parcel in the Village on the Lake Planned Development, PD 3-85 (Exhibit 11). The lot is approximately 9,345 square feet in size, and zoned R-15. No historic designation exists. The rear half of the site is within a Resource Conservation (RC) area (Exhibit 5). Since PD 3-85 was approved prior to adoption of the Sensitive Lands Ordinance (LOC 48.17), the requirements of this standard do not apply to the site. The resource protection issues, e.g., protection of trees and wetlands, have adequately been addressed as a part of PD 3-85 approval • process. Where resource protection has already been addressed by a prior approval and resources are mapped, the requirements of LOC 48.17 do not need to be addressed. 2. A building permit for the site (99-1793) has been reviewed and is on hold pending approval of the tree-cutting permit. Exhibit 13 illustrates the planned single family dwelling to be constructed on this site. 3. The subject property is generally a rectangular shaped flag lot (Exhibit 1). Access to the property is from Lily Bay Court along a'reciprocal access easement shared with the adjacent lot to the east (Exhibits 1, 4 and 11). The shared private drive runs along the north property line. Properties abutting the site are zoned R-15, all with single family dwellings upon them along. There is also a Union Pacific Railroad line running near the northern property line. 4. The site is on a moderate slope with approximately a 9-foot difference in elevation from the front of the proposed dwelling where the garage will be located down to the rear of the house. The front, northern portion of the lot is approximately level and the highest section of the site (Exhibit 2). The rear falls off into a shallow "U" shaped ravine that continues into • Open Space Tract A (Exhibit 7). LU 99-0066 Page 2 of 1,1 , 1 5. All Douglas Fir trees are mislabeled as Pines in the applicants tree • removal application (Exhibit 7) and updated tree removal questionnaire, tree survey and removal plan(Exhibit 3). 6. More than 21 living trees over 5-inch diameter at breast height (DBH) currently populate the site, along with five trees that are dead, dying or hazardous. The predominant trees on the property are Douglas Fir (Pseudotsuga menziesii) followed by Big Leaf Maples (Acer macrophyllum), (Exhibits 3, 6, 8 and 9). Most of the trees on the site are overgrown with ivy, and many have lost portions of their canopies to parasite and windstorm damage (Exhibit 8). Downed limbs, blackberry, ferns, ivy and yard debris predominately cover the site floor(Exhibit 8). 7. The original tree cutting application indicated that 14 trees needed to be removed for new single-family dwelling construction. However, only nine trees are shown within or adjacent to the building footprint on the revised application (Exhibits 3, 6, 7 and 8). Five of these trees are living and the other four are dead, dying or hazardous. A site visit by staff reviewed the trees within the impacted area and determined that all nine trees should be removed. The alternative driveway plan includes one of the living large Douglas Firs that might have to be removed with this tree cutting permit (Exhibits 3 and 7). • 8. The propertywas posted with a public notice sign regarding the tree removal and a letter was sent to the neighborhood association on November 3, 1999. The application notice period commenced on November 3, 1999, (Exhibit 7) and concluded on November 17, 1999, [LOC 55.02.075]. 9. Mr. Howard Franklin, a neighbor to the east, filed a request for a public hearing regarding the applicant's proposal along with the applicable fee on November 16, 1999 (Exhibit 10). A letter requesting a hearing, dated November 8, 1999 (Exhibit 10) written by Daniel Kearns, Attorney at Law, was received by the City on November 10, 1999 without filing fees for a hearing. B. Compliance with Criteria for Approval: On September 28, 1999, the City Council adopted an amendment to the Tree Ordinance (LOC Chapter 55) by adding section LOC 55.02.041 in order to address removal of trees that are larger than 12 inches in diameter. This amendment affects both Type I and Type II tree removal applications. This provision will remain in effect until such time as the ordinance is further amended by the Council at a later date. LU 99-0066 Page 3 of 1. L .., J The new section is titled "Prohibition of Tree Removal of Trees Greater than 12 • Inches, Exception", and it reads as follows: "Notwithstanding LOC 55.02.035(1), 55.02.042(1) and LOC 55.02.080(3), no tree greater than 12 inch caliper at DBH shall be removed, except the City Manager may grant an exception to this prohibition when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. In making this determination, the City may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Lake Oswego Code. The City may impose such alternative site plans or placement of structures or alternate landscaping designs as a condition of approval of the permit, in addition to any other conditions or provisions provided under LOC 55.02.042(1)and LOC 55.02.080(3)." This new standard is applicable to all tree removal applications filed after September 28, 1999, and for all tree removals sought in conjunction with a minor or major development, except tree removals permitted under the Emergency permits, Dead or Dying Type II permits and Hazard Tree Type II permits. Under the new ordinance, in addition to the basic requirements for a Type II • permit, including "trees not dead, dying or hazardous" or tree removal in conjunction with a minor or major development, the applicant is required to address the new standards in LOC 55.02.041, if any tree proposed to be removed is greater than 12 inches in diameter. Specifically, an additional analysis is necessary over and above the underlying Type II criteria, to determine whether the proposed development may be re-sited (alternative site plans) or other landscaping designs considered that would lessen the impact on the 12 inch trees proposed to be removed and the development still comply with other Lake Oswego Code provisions, i.e., setback, solar access, etc. If it is not possible to site the development by means of alternative site plans or other landscaping plans, an exception may be granted and tree removal permission given to remove a tree 12 inch or greater in diameter. Because of the varying nature of the removal requests, the applicant must comply with two sets of criteria, per LOC 55.02.080 and the requirement of the Emergency Tree Ordinance, LOC 55.02.041. Trees that are dead or dying must meet the criteria of 55.02.080(1), while the tree removals proposed for housing construction purposes must meet the criteria of 55.02.080(3). • LU 99-0066 Page 4 of 11 LOC 55.02.080(1) - Dead or Dvine Trees • "Except asprovided bysubsection (b) of this section, a tree P removal permit shall be issued if the applicant demonstrates that a tree is dead or dying." The applicant submitted a site plan that illustrates three dead trees within the dwelling footprint and another two dead trees adjacent to, but just outside the footprint(Exhibits 3, 6, 7 and 8). Staff reviewed the application and conducted a detailed visual assessment of each tree within the vicinity of proposed construction field using the original site plan that proposed removal of 14 trees. An arborist also inspected the trees along the exterior of the proposed dwelling footprint using the November 18, 1999, updated site plan that proposed removal of only nine trees (Exhibit 3. Exhibits 6, 7 and 8 show field analysis results and removal plans. English Ivy invades most of the trees on the site. The trees within or adjacent to the dwelling footprint range from fair to good in health with few structural defects, except for the four dead trees (Exhibit 9). Staff recommends that a fifth dead tree, located adjacent to the rear of the proposed house labeled "E" on Exhibit 6 be removed as it is very close to the foundation and may be hazardous to construction workers and residents if not removed. Staff also recommends that Douglas Fir 416, that is in fair health be removed as it is located adjacent to the southwest corner foundation of the proposed dwelling. The remaining 16 living trees not within the dwelling footprint should be preserved and reevaluated after construction is complete. In Exhibit 12, the arborist recommends rotating the garage clockwise and moves the house forward so that impact on trees is minimized (Exhibit 12). LOC 55.02.080(3)- Trees that are Not Dead. Dvine. or Hazardous "The City shall issue a tree removal permit for a tree that is not dead, dying or dangerous if the applicant demonstrates: "(a) The tree is proposed for removal for landscaping purposes or in order to construct development approved or allowed pursuant to the Lake Oswego Code or other applicable development regulation;" The applicant has submitted plans for construction of a new home (ref: building permit number 99-1793) (Exhibit 13). Building permits for new home construction on residential lots are classified as Ministerial Development per Lake Oswego Code section 49.20.105. The plans have been reviewed and meet applicable City Codes in regards to setbacks, height and lot coverage. Exhibits 3, • 6, 7 and 8 show the trees directly impacted by the proposed development. These LU 99-0066 Page 5 of l l,. ... J trees are illustrated on the tree inventory site plan, (Exhibit 6) as numbers 3, 8, 9, 11, 12, 13, 14, 15, 21, A, B, C, and D. Only nine trees are proposed for removal • (3, 8, 12, 13, 14, A, B, C, and D). Staff finds that the proposed single family dwelling meets the intent of this standard, which is to allow construction of a development pursuant to the City Code. "(b) Removal of the tree will not have a negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks;" Erosion: For the purposes of tree removal requests, two time frames need to be examined; immediate (during the project) and long term (after project completion). For the immediate term, Lake Oswego Code Chapter 52 governs erosion control when more than 500 square feet of soil is disturbed. This chapter requires that erosion control measures be included as part of the home construction. These measures are to be put in place prior to and during the disturbance activity to prevent sedimentation and soil migration. The applicant states in his updated tree removal questionnaire that "removal of the trees will not have a negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. The building pad • where excavation will occur has a moderate slope. Extensive understory growth exists on the site and will prevent any erosion. An erosion control plan was submitted to the Building Division indicating where silt fence would be installed to prevent any possible erosion. In addition all excavation soils will be removed from site." (Exhibit 2) The Building Division administers the erosion control plan. Staff will monitor the site during the entire course of housing construction to assure compliance with the approved erosion control plan. The applicant is also proposing to landscape the site; however, the applicant has not submitted a specific replanting plan at this time. Staff recommends that a landscape plan be submitted prior to issuance of the building permits and mitigation trees planted prior to approval of final building inspection. Mitigation plans shall illustrate mitigation at a ratio of one new tree for every one removed. Mitigation trees shall consist of 2"caliper deciduous trees or 8" — 10" tall conifer trees. Soil Stability: This standard is typically applied to areas of extreme slope (20%+) where existing trees and vegetation have been instrumental in retaining the soil of the bank. When the removal of trees may cause slope failure (landslide, • sloughing, etc.), then either the tree should remain or a solution to mitigate the LU 99-0066 Page 6 of 11 loss of the tree needs to be engineered. This site does not have slopes over 20% nor landslide features. • The building p plans lans call for areas of some slope alteration. While the house itself will not require extensive cut and fill (Exhibit 2), the area behind the house will need to be adjusted somewhat. There is a two-foot elevation difference between the rear of the house at 88.5 feet and rear property line at 86.5 feet (Exhibit 2). In order to enhance soils stability in this area the applicant should replant with stabilizing groundcover and replacement trees immediately after excavation commences. Flow of Surface Waters: This standard is typically applied to areas with stream channels. This property does not contain or border a stream. No additional accessway is being proposed, as the applicant intends to use an existing driveway on the abutting property to the north. The plat of Village on the Lake provides a reciprocal access easement on the site and the northerly property as shown on Exhibit 4. The new impervious surface on the site will only consist of a small segment of driveway from the northerly drive to the house and the house itself The impervious areas will be designed to drain to a positive storm drainage system on the site without impacting the adjoining properties. Drainage issues are addressed by the Uniform Building Code (UBC) at the time of building permit plan review. 111 Protection of Adjacent Trees, Existing Windbreaks: The trees proposed for removal will be within one concentrated area. Adjacent remaining trees should not be severely impacted by the proposed tree cutting as the remaining trees are preserved in clusters or are detached from the construction area enough so not to be disturbed. Individual trees, when suddenly exposed by removal of adjacent trees are more subject to failure caused by wind throw than trees left standing in groups. In addition, to further protect remaining trees on site, staff recommends that ivy be removed from these trees. This will help prevent future wind and ice damage. Trees close to the building footprint 5-10 feet will have protective chain link fencing put in place prior to commencement of construction along the trees natural dripline. "(c)Removal of the tree will not have a significant negative impact on the character, aesthetics, property values or property uses of the neighborhood." Construction of a new single-family residence is in keeping with the development pattern of the neighborhood and is an outright permitted use in the R-15 zone. This site is currently a vacant lot that is heavily covered in trees and is situated below the rest of the area in a shallow "u" shaped ravine between two existing homes and backs up to Tract "A" Open Space Area. There is little question that • removal of any trees necessary to accommodate a house will have an impact to the LU 99-0066 Page 7 of 11 r appearance of the lot. However, the applicant is retaining a major portion of trees on the lot surrounding the house. The trees in the rear of the property will act as a buffer between the developed site and Tract "A". After development 16 trees • located along the flagpole portion of the lot, both side yards and the rear yard will remain. The flagpole portion of the lot is the only part of the site that is visible to Lily Bay Court, a public street. The site can only be seen by the two adjacent properties to the east and west of the site. A landscape plan will be submitted illustrating vegetation to be planted on site. Staff recommends that the plan illustrate mitigation trees measuring a minimum of 2" caliper for deciduous trees and 8' — 10' tall conifer trees. These trees should be planted prior to final building inspection. Emergency Tree Ordinance: This ordinance (LOC 55.02.041) gives staff the option of requesting alternative site and/or landscaping plans in order to preserve existing large trees on site. In accordance with the arborist's recommendations (Exhibit 12), staff proposes that the garage rotate clockwise in order to preserve the 24 inch Douglas Fir located at the northwest corner of the proposed garage (Exhibit 6, tree number 7). This revision will also save the large Douglas Fir located to the north of the proposed house (Exhibit 6, # 3), that is good health (Exhibit 9). To facilitate the proposed tree protection the garage door should be placed on the north side of the garage instead of the east/front side of the house. Staff finds that construction of the proposed deck and house foundation on the • northeast edge of the site may interfere with trees numbered 9, 10, 15 and 21 (Exhibit 6). Of these only the Douglas Fir (# 15) is in good health (Exhibit 9). The other three trees are in poor to fair health (Exhibit 9). Staff recommends that the house be situated so that these trees, especially the Douglas Fir # 15 are preserved. Recommendations include decreasing the size of deck by backing the deck away from tree # 15, in particular and/or decreasing the footprint of the northeast side of the house in order to avoid the Douglas Fir's natural dripline and root system. Staff also notes that the Douglas Fir, number 16 (Exhibit 6), located adjacent to the western side of the house is in fair condition and should also be preserved. Staff recommends that a certified arborist be retained in order to evaluate and submit a plan with specific pre-construction and post-construction recommendations for preservation of the trees numbered 1, 2, 3, 4, 5, 6, 9, 10, 11, 15, 16, 17, 18, 19, 20, and 21, in order to ensure maximum tree protection on the site. The arborist's recommendations may result in changes to building footprint which must be shown on revised building plans for revision and approval of staff prior to issuance of any building permits. Staff finds that with the recommended changes to the site plan as noted above, the applicant could meet the requirements of LOC 55.02.041. 110 LU 99-0066 Page 8 of 11 s!�{ '1/4..) L i.. 3 IV. CONCLUSION • Based upon the materials submitted by the applicant and findings presented in this report, staff concludes that LU 99-0066 can be made to comply with the applicable criteria, subject to conditions. V. RECOMMENDATION Staff recommends approval of LU 99-0066, to remove only nine trees, subject to the following conditions: A. Prior to the Issuance of the Building Permit, the Applicant/Owner Shall: 1. Submit a revised site plan showing the rotated garage, reduced deck along the eastern side of the house, a reduction in building footprint and alternative driveway location no closer than 10 feet to adjacent trees numbered 2, 3, 4, 5, 7, 9, 10, 15, 16, 18,per the arborist's reports(Exhibits 9 and 12). 2. Submit a grading plan showing minimum excavation and fill around trees to remain. The applicant/owner shall clarify how the excess excavated materials will be hauled away from the site in order to minimize damage to remaining tress. • 3. Submit a final landscape plan identifying number, size, and species of trees, shrubs and groundcover for review and approval by staff. This plan shall illustrate mitigation trees measuring a minimum of 2" caliper deciduous trees and 8' — 10' tall conifer trees. All vegetation should be selected from the City's native plant list. B. Prior to the Removal of any Tree, the Applicant/Owner Shall: 1. Flag trees to be protected with bright flag ribbon tied around each tree. 2. Retain services of a certified arborist to supervise removal and protection of all trees on the site throughout the entire construction process. C. Immediately Following the Removal of the Trees, the Applicant_/Owner Shall: 1. Install erosion control measures in place. These measures shall be maintained throughout the construction process, and until landscape installation is complete and established. These measures shall include broadcasting hay or grass seed in bare areas, and silt fences along downslope property lines. S LU 99-0066 Page 9 of 11 2. The applicant shall install and maintain tree protection fencing with a minimum of 4' tall chain link fence attached to posts driven into the ground at • maximum 10-foot intervals at the edge of the tree protection zone or dripline, whichever is greater, and at the boundary of any open space tracts that abut the parcel developed. i. This fencing shall be flush with the initial undisturbed grade. ii. This fencing shall be maintained until final building inspections are approved. iii. Approved signs shall be attached to the chain link fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the City Manger and arborist for the project. iv. No construction activity shall occur within the tree protection zone, including, but not limited to dumping or storage of materials such as building supplies, soil, waste items, or parked vehicles or equipment. v. The tree protection zone shall remain free of chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products, and concrete or dry wall excess, construction debris, or run-off. vi. No excavation, trenching, grading, root pruning or other activity shall • occur within the tree protection zone unless directed by a certified arborist present onsite and approved by the City Manager. D. Prior to Approval of Final Building Inspection. the Applicant/Owner shall: 1. Install all landscaping per the approved landscaping plan (as required by condition A.3. above). EXHIBITS 1. Vicinity Map 2. Grading/Erosion Control Permit Application and Building Permit Site Plan 3. Updated Tree Removal Questionnaire (December 16, 1999), Tree Survey and Removal Plan 4. PD 3-85 Site Plan 5. Sensitive Lands Atlas, RC Delineation • LU 99-0066 Page 10 of 11 1 6. Tree Inventory Site Plan 7. Type II Tree Permit Application, TC 99-0166 8. Field Photographs, Tree Numbers are the same as the ones on the November 2, 1999 Site Plan 9. Tree Health and Condition Summary by Walter Knapp, dated December 27, 1999 10. Request for Public Hearing dated November November 8, 1999, from Daniel Kearns 11. PD 3-85 Staff Report and Findings, Conclusion and Order 12. Arborist Recommendations, dated January 3, 2000 13. House plans • :Sandy_I/Cases/LU 99-0066/LU 99-0066R • LU 99-0066 Page 11 of 11 : 1 0 0 • '..i t;../A.. S S S . SITE '' '". y I. 'S R. I E. ' _ . •....„. CKAMHS COUNTYM. `',ii MAP 2 IE 9BA SEE 7200 —1".. — MA• P I 100' ' 4 . 4, ar 15205 O '29C� •9 2 in /9/ 'R•3Y3.z3' ea• 1 sJ ' V.'"710 ',. 'A° Q 7500 7300 �T "' • •151 a g z 154s, ',. Is2DD . V o 7000 o 7600 u 10 ,>7 /? s0'3�� 15459 s E -�/ .. . a 1 -�s 5� ��1 I I �r r ' • .a 7400 CO �. // 's t i THE E N,. V , a k. _.► R .$A, ...09,, ,/ I z�o0 ONrJ� , j r c n w f 'f Z.sp' .o mac. -- 'o �/ 8 A 9 R J� t�4J54 6900 .,. ` /'lam } ,sa.a3' .a' z `9. I5495 V i'i yf" _ '4 TRACT "A.. CD #.� +�:� �� i = oay OPEN SPACE �t`�} r c 2 0 / ; s' GE,92o0 ,,: , a 8�.��,� .35,49' ? s3 ra• 2 Jlt�� 790�, ",,6. i•'2s� A. -( f 15460 154s2 d dj Nv tY r • IS551 r"" I5519 a'6500 •�� No R 9400�`yt i' 9600 e Y na,/. 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No.: Lot 2 1giac k City, State, Zip: p„,r4-(c,,„g` ��j� p?� e_- � Q g � Subdivision Nama,c ev 44e Phone: 9 Z D g S-2- 2- Excavation Contractor Name: "Pr-P 4 t-rj 4,414E-, _Site Address: _/57/, 4/4 k I Address: Location from Nearest Intersection: ICity, State, Zip: Feet IPhone: Job Site (circle one): Private;> Public Owner/Applicant ame: 1°, e trPAif 119Al e 4) Amount of Work Area to be Excavated: Address: 02 00 Square Feet ICity, State, Zip: J Existing & Proposed Site Runoff Drains (circle Phone: one): Ditch Pipe Creek Catchbasin IOther: 24-Hour Emergency Contact Name: si rqd (9PaP kar` Soil Disposal: .P OC7 IAddress: Disposal Location Address: 91 City, State, Zip: `l ciar4 £AS 4L Ct-ct 11 Phone: 2i21 - Of 5.- g Estimated Amount: 200 Cubic Feet I agree to comply with the "Erosion Prevention and Sedimentation Control Plan Technical Guidance Handbook" and will construct and maintain ESC measures to contain sediment on the construction site. ' iltser,441 • ' 9 wner/Applicant Signature Date i H:TORMSterosion2.doc EXHIBIT 2 LU 99-0066 0 J 03 2 p4y. ; �. V` ., CITY OF LAKE OSWEGO VILI.AGE ON NE LAKE LOT2 5 -E eiv C/ -.) . �" \ I Or s 15•tf W . ,:, \ l 0 T AREA 9,345 SO..FT. 1 o PERCENTAGE 23 3 X j�E •/ 51.E \ r 6 5 1 5/ k;C` A\` E LOWER FLOOR .L--. . o y. ea, AI CI) MAIN FI O,DR V '` \ _ I , _ 1 GARAGE -�\ '! \ 5• / \ x\„ o — IssooPsTL__ _ ). ___ _ n _.s•'_, — .^> LAC. __w______,,,).,1,4.1,4) t�7 EA'.i4011 . ri95 E 1 s g 1/5/99 TRW i 0 i MMI WECCO.OREn AWOELIEs.K O 0 MN WOE KO IRE ACCi OEO IRE IwOOMNE E/pW 1Y1 11 S IK /1 NItI COIL o 1. M0E0 10 w v 4/ E_2 ME Ill[010EMb.r1 NO A.•M, ry RAL40 01111E YtE A10 YOM1 ovolEAS ' 1 Co No1010114E PMu0401CA1ICOMI °x! EALAfI MA / COPD () Ulan A l 1111 R 13�'.N.W 18TH AVENUE, PORTI ANfl (rill 1, SCALE I'' : 2 0' • 0 C., • CAD el III ID . r , UPDATED TREE REMOVAL QUESTIONNAIRE • December 17, 1999 Purpose of tree removal. To allow construction of a single-family residence on an approved lot for construction. The property is located at lot 2, block 2. Village on the Lake. An updated tree cutting site plan is enclosed. Building permit has been applied for and the building permit number is 99-1793. A total of 10 trees have been identified for removal for the construction of the home. See attached site plan. Of these 10 trees, 4 trees have been identified by Centerline Concepts as dead. 3 of the 4 dead trees are within the building envelope; I dead tree is outside the building envelope which would be a hazard tree upon completion of the house. Background/Existing Conditions: 1. The site is a vacant lot of the Village on the Lake subdivision. The site is approximately 9,345 square feet. 2. A building permit(99-1793) is ready for pick up approval of the tree-cutting permit. 3. The plan has received approval from the homeowner's association and meets the CCR requirements. 4. The site had public notice posted and the neighborhood association was notified of the application in accordance with Lake Oswego Planning regulations. Applicable code: 1. The applicable code for dead or dying trees is LOC 55.02.080(1) states that except as provided in subsection (b) of this section, a tree removal permit shall be issued if the applicant demonstrates that a tree is dead or dying." 2. LOC 55.02.080(3)applies to trees that are not dead, dying or hazardous. In this case, "The city shall issue a tree removal permit for a tree that is not dead, dying or dangerous if the applicant demonstrates: a. "The tree is proposed for removal for landscaping purposes or in order to construct development approved or allowed pursuant to the Lake Oswego Code or other applicable development regulation;" Building permit 99-1793 is the applicant's demonstration that the trees needed for removal are for the purpose new home construction on an platted lot in the City of Lake Oswego. (1) 4 trees (identified as 3-6 on the site plan) are in the middle of the building envelope and must be removed for the new home construction. (2) The tree identified as tree number 2 must be removed to provide vehicular access to the garage. (3) The tree identified as tree number 1 was identified to be removed to provide parking for one vehicle. This parking code has been changed since the time the plan was originally review by Lake Oswego planning staff and may not now be required to be removed. The 1110 EXHIBIT3 RECEIVE ® o l; Li 5 LU 99-0066 Pa5es DED 16 1999 nr I AK; ncwpno applicant would like the tree to remain if authorized by LOC, planning staff or the Design Review Commission. • b. "Removal of the tree(s) will not have a negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks." (1) The building pad where excavation will occur has moderate slope. Extensive understory growth exists on the site and will prevent any erosion. Erosion control plan was submitted to the building permit indicating where silt fence would be installed to prevent any possible erosion. In addition all excavation soils will be removed from site. (2) Soil stability. This issue is normally concerned with sites that have known landslide features or slopes in excess of 35%. These features do not apply to this site. (3) Flow of surface waters. This standard typically applies to areas with stream channels. This property does not border a stream. NO additional accessway is being proposed, but additional impervious surface will consist of driveway from the existing drive to the house and the house itself. The storm waters for this will be managed per Uniform Building Code. (4) Protection of Adjacent trees, Existing Windbreaks: The trees removed from this site are concentrated where the new house will be built. Adjacent remaining trees will not be impacted by the proposed tree • removal. Trees close to the building footprint(within 5 feet) will have protective chain link fencing put in place prior to construction beginning. Impact on the character of the neighborhood. This lot is situated between two existing homes and backs up to a protected area. The trees that are in the protected area will continue to dominate the general feel of the area. The lot sits down below the rest of the area and the trees do not contribute to a skyline feature in the neighborhood. l7 other large trees will remain on the lot. In particular, there are trees that are along the flagpole portion of the lot and at the sides and rear yard that will remain. The flagpole portion of the lot is the only part of the lot that is visible to the public street. The lot can only be seen by the two adjacent lots based on the way it is situated. The lot will have landscaping put in when the house is finished construction. It is recommended that part of this landscaping include four 8-foot tall fir trees along each adjacent property line to provide additional screening privacy for all neighbors These trees will serve as mitigation for the trees being removed. `! r , i., ,(0. he - -ra f e'� rpes�. Buffer zone. There is a 25 foot buffer zone at the rear of the lot. The house will be built to this edge. An additional silt fence will be installed along this border to ensure that natural area in this buffer zone remains undisturbed during construction. • IDvh f; � j - Finally it should be noted that alternative driveway access approaches have been review,but would require the removal of the same number of trees to be saved as well as increase the amount of understory growth to be removed. • S 0007 ,; �; j3 • \I Ir/ 3 105.14' .- - ,-.,`I o, \1 I! 26" S �4'O4'23" W \ I t) I'I'I / ,.. IE , r l 12" s 1 r q PINE `PINE \� m PINE o \' I ly 41`- NN/ N p % V 1\ u, i 1"Lc:r°4-1-3::::-. h? /��1pZ'S1' wy III Ii7:).:\Fil...„,.: EQ1 1, , (0. s"�Oq• p0 8.8 ' I, t, mob- �48;Y o 1 0 I, . / PN -^ -Z. r4 I'j'-t \ t` 0. E` `'67.78' - ..4 `= \ I I� K1l ' rSS 8"N 79•/h PINE PINE. - 1 1, . , ,4g� �yre�/���.31''iuitic d� 'Q I� yq PINE / \ \� RE - I u,c,c_� ' - G -' r I1 II I II dll, 750 � � 1-70 g• PII1Exx, 'y , II - S0. t d l *v '� s0 , aA0 LC r VI `off V I /MAPLE a /_MAPLE i �b I_Y, +1, N CLUSTER 5 CLUSTERS a - i' U, I� 7 I� 7 uL .1 \ N 75 26 59 ____ N _____ 'l M /-1 APLE 15 C/1 X � I CLUSTER S NOV 1 8 1999 SCALE DRAWING l LOT 2, BLOCK 2, •--MOVED ILOUSE PER CLIENT 11/17/99 MEC VILLAGE ON THE LAKE N. 1\2 SEC.9. T.2S., R.1E.. W.M. --ALL HOUSE DIMENSIONS PER RANDY AT MASCORD DESIGN RECEIVED 11/15/9 MEC CITY OF LAKE OSWEGO • DUI fi 1999 Cl_ACKAMAS COUNTY, OREGON ill • --A SIX FOOT PUBLIC UTILITY AND I NOVEMBER 15, 1999 Centerline Concepts Inc. k- 1E PUBLIC SIDEWALK EASEMENT SHALL EXIST CITY OF LAKE OSWEGO I DRAWN BY: MEC CHECKED BY: WGDIII C; ALONG ALI S TREE T FRONTAGE Dept.of Planning 1:Development SCALE 1"=20' ACCOUNT # 995 610 82nd Drive Glad regon 97027 ------0 410 M:\MLI\I.2VILONL 503 650-0188 I 50-0189 `. -4 - -tic -0 . „ ..- - _ 1;1D3, ers .....: 15' kJ!OE. PROTECTION NAT U R.A .AREA,@ (,,b -,,.----irt--.A10g ,"ff.:7V;--!;-- — 7,-7 - 1�.E o • -� = a:0 1.1 ,.p 2�J' - T 23 L 3 -`!7 r \ `J S. F. O p `L O 57 f?J, .ems'f , : °-E` '�; - ' Z o3' N 3� oo .... 5 2 „ ,,fig � r' " Ec� ESMT 'r';. . ,=, ti Al ' 1q,sy - ;. f `r :P�-G� /�- 3 :. O y'` % Aj 1. .. fr' -'C 1- i��'.O ',-�Q W F}, _ :./.1"..-4Y.'-' 1 ')"... "io r.1Q, _ '.'-.. d i'.1-:,. _.„,-- ,if) c., --------co _\c-Dn\-- '-',._rti. V6i 1 5 i q 5 .,._..7:- .1--. 91''.4-, `=•!:,_,,Lat.:10r-76:1;5). 2../ .96) 4.9 1� i I ' :p t �. g.w.I0 - 8, 494 5 -;= �� S.� • "s ` T R . T "A"I. S,4-11.5 S.F. 2p s � V Aa 24 OPEN SP.ACE. �,q,24S S.FY> . A':: : i0 . ` � 03 r i' / a r f51�2 6 �'•oO < n CN J N ty Q, 4b$ S15147q .F . 3 _ \i��. � . 'V \ �� 05 : o i � -,, 74 S. - -\ 0.0, � co r1 1,0'11 S..F \\cl 5. N.4.\c, 7 3 N �.• / Y1.49 L -: <v_. ,-;., -- in 2 0_ .i.,.._, ____\% Atf ; C ;:,mac�-r �� '.z 10:5 1 s o yc �-OT 32 y '7'. .* . --\ 8,991 S F - t : 1 zy 33 ` � � �1t/Z 4 "k r of _ 3 ,� : �� __ t o.�I I S.F. lv -0 :� 'r?t-17 (r EXHI BIT 4 o N�1?. ACCESS ESMT '� . 41 rs ../� TO LoT 30 LU 99-0066 a L 1~ 2 9 =:73 >G Stream - --_-_= L:orrld©r -t:. \ LA �l • O p N --...1 p • O O •: _- 1wdettand ., •_:• _ N • • • • • Tree • .. . 3 . • • • Grove • . • . a -. • 52ee -` •✓-J i 15195 •''=`',"_ t .,.. ... _ ...: .,,,. ...., 15200 _ Insignificant r',' ✓ u, can D .t 0 �' °n nto ��` ;,-7„... DRIVE -, ��� \. 0 PGA Cyi h�`‘11 1 �ti �-; � 4 \ V W- ,•q N W -•l �`V •1, SSA ,�-., t^�n V) V 7 CJ"Jt v I .. .,... • - W la, �q, L (,0 \_. .: : -,i, -_. si, J 15532 •� 60&0 \ #��03� Z 1 . ,� �o 50 Q Iss Wcc W W ._ 15536 15535 h� 4,3 y ti V j Is`Sgs` y',Mk, W _ _ ° �[}� .�h h�tiNr5 15 71 6 3 1 SS = 15 ti� 15551 SSI s s 55 5 0 �^ as � �. \ n--, �5 15567 Q, as Q, 15564 _ _.. V., w can - 15578 15575 \\\ c ,-, , j6 41A ,,.. 0-' LSI �� �-A .P�`' < 1�59 15583 t, j6, -- GG• • �`'N , 6 15591 0 100 no 300 1687 �`� .� 16701E1 rs 0 15599 00 6� FEET .691 1692 j III0, EXHIBIT 5 �� 1700 �c'� ���� js LU 99-0066 SCALE e 17°9 c 1 INCH = 200. FEET, 1699 j�o� L ��m s6�0 l 1575 / 04 S 0 0 • ' 3 \;I rI , ' 10514' rl , TREE INVENTORY 2s" s-Sa oa'23" W . . .� 07 �' I 4 MU'' ' f Ii 1, r `� _ , PINE — t2" ,, I _ '. / 1 -' O PINE \: PINE ` \' 1 j a ,I 14NE _ -4 N o ill I L << " X. ! 1, •ncclss crsEUERt ^ w 4_.s'__ -iv r 79 41 51. R e4ror_2�. ` =P iE " j r�. ST: 1 ,3 1, S r 1 61 ` Oir• o W rn 49 48. or oo �� N ,r°. \1 8;B1` \` I t 87 78' „�'= .o Jo. 01 ie ". f ,, IY I II T40'36 E` \'1 ' S , wwt� % 1 () 5sN7-rPINE r Pu+l . 'i,,` 7 "+N `Z'qnw t �' `.'I10 M G I `_1 PWE \ ' I 1 \ /' II, \ :40 ;__. �$ _ 1M'` i /�i VD CO L. Douglas Fir 13. Douglas Fir .'1` �9 �6)t4 4 /4 � Y O —1 �, �Lo O ( iv 2. Douglas Fir 14. Douglas Fir Fch u 1, 'HLE CA CD I, 11 �e l yam,,•, 3. Douglas Fir 15. Douglas Fir `°ar° Drew "" j �.+ON 4. Big Leaf Maple 16. Douglas Fir ,p 1 17; �,aE . F Cluster ':4'ti, '-1-- E ''1'1 D3�6'19 1 . Douglas Fir 17. Douglas Fir `�' '"t 1R`'' /�APu 1^ i MAPLE 4 y$3 �. `CWSIER S -CLUSTER S Douglas Fir IS. Douglas Firr a '. 2l 2 \ ,. 7. Douglas Fir 19. Big Leaf Maple .. 1 9 75•g9 r LEGEND: Cluster 1i 75'2a 59" 8. l ig Leaf Maple 20. Big Leaf Maple n X Trees to be removed Cluster 9. I ig Leaf Maple 21. Big Leaf Maple i� QTrees Recommended Cluster '",` TM='"- It). I.uglas Fir A. Dead Tree - N for removal by staff / t 1. )ouglas Fir B. Dead 'roe— !uAPI 1 ^ F, {� I T't CLO TER f ~x�•� ' P 12. I ouglas Fir .. Dead Tree NOV 1 H 1999 C.r D. Dead Tree BY • IN a E. Dead Tree LOT 2, BLOCK 2, SCALE DRAWING VILLAGE ON THE LAKE ---MOVED HOUSE PER CLIENT 11/17/99 MEC RECEIVED N. 1\2 SEC.9, T.2S., R.1E., W.M. C.• --ALL HOUSE DIMENSIONS PER RANDY AT MASCORD DESIGN I1/15/9 MEC t 1 I CITY OF LAKE OSWEGO IIF.I1ii1999 ; I 14. CLACKAMAS COUNTY, OREGON --A Six FOOT PUBLIC U111.1TY AND CITY OF LAKE OSWEGO NOVEMBER 15, 1999 1 Centerline L orl in c Conct s Inc. PI-A SIDEWALK EASEMEN 1 SHAH EXIST Dept.of Planning S Osvelopmenl ep `` DRAWN BY: MEC CHECKED BY: WGDIII I AIONG All 5IREEf FRONTAGE SCALE 1"—20' ACCOUNT # 995 I 640 82nd 0/lye Clodelane, Oregon 97022 _ __ 1 M:\MLI\L2VILONL 1 503 650-0188 lox 503 650•0189 0 0 C 1 2 ' 4•* • / -^ Tree Removal .. 1 Permit No. -- — ~ Fee: _ _ ._:0. - �,, Application Receipt No. a «.�. Date: AL..- ` ici Applicant: t (' ha l`'f F 1',2 rrK;,-,;t� Phone: (,z,o.,I -1 Applicant: -//2 I Property Owner: Pl',2 -fl21'1'Q5 !o O.< (t�S.�i') + )Cad` r-yphone: l -�'+ 3i .xq,2 -005. ' I Address of Tree Removal: >/�.5 /��5/ - r ' '7 j Size,Number, and T p of Trees to be Removed: /4 ?fie -4,e_C� Cr,/ a. d . , oer '4 c; �{i ti FerAtri— .- l 3 Reason for Removal: eat,/(`obe s ue;wL*1 o AU Anticipated Removal Date: 4i,,t/ ,q4'-'-,0 '1'7 •-1-ee5 4.AI bu,IG4,✓.7 eAiJt/ciit- , I agree to comply with Lake Oswego Code, Chapter 55, regarding tree removal. I grant permission to the City of Lake Oswego for employees to enter the above property to inspect the trees requested for removal. �7 ffj%,. _.,;;, _..,..-- 1/1 ,,,-- , ', Signature of Property Owner (required) Signature of Applicant (if different) The City must sign for trees located on public property 1 ' s;. . ,: Permit Type (Fill out with City Staff) 0 'T'pE9I Submit: (1)Removal plan CM' OFL 1.E= O 3tavG. • TYPE I,2 DEAD Submit: (I) Removal plan Irif_�au (Oversized lots) To Do: (1) Mark trees with yellow ribbon `'�'t'or Fla;,ri,,v^' ava!opman ❑ EMERGENCY Submit: (1)Removal plan, (2)Photograph of tree/or mark tree with yellow ribbons ❑ VERIFICATION Submit: (1)Removal plan, (2)Mitigation plan, if required (Prior approval) To Do: (1) Mark trees with yellow ribbon, (2) Stake building envelope & driveways ❑ TYPE II,DEAD Submit: (1)Removal plan, (2)Photograph of dead trees, (3) Mitigation plan To Do: (1)Mark trees with yellow ribbon ❑ TYPE II,HAZARD Submit: (I)Removal plan, (2)ISA Hazard Evaluation, (3) Mitigation plan To Do: (1)Mark trees with yellow ribbon ❑ TYPE II,DYING Submit: (1)Removal plan, (2)Arborist report, (3)Mitigation plan, (4) Copy of notice letter To Do: (1)Mark trees with yellow ribbon,(2)Post sign, (3) Send notice letter, (4)Affidavit Wait: (1) 14 days until the comment period is complete TYPE II, OTHER Submit: (1) Removal plan, (2)Questionnaire, (3)Mitigation plan, (4) Copy of notice letter To Do: (1) Mark trees with yellow ribbon, (2)Post sign, (3) Send notice letter, (4) Affidavit Wait: (I) 14 days until the comment period is complete City Staff to Fill Out: Intake Staff,R Zone ;•_-r Tax Map : ' Tax Lot -- Due Date r . -• Planning File# t l�I =�"s'' 'Removal�pprovedlDenied '- t -ram'" n 1-• i n Building Permit# l : Mitigation Plan Approved/Denied 1 0 7.---, i .: '• �'ir`ve ~' EXHIBIT 7 Revised July 1998 l:lfotms\appicrosw•ee removal anp•july 48.doc ; �,_...";. /q,4r ri/A)/af LU 99-0066 L. • J ' O r.c r- • AFFIDAVIT . i 4 / `��'` I Tree Permit No. f � 7��` ` i�� ((� k j e L % 1 \t• 7%A'Name of applicant �' �Gt Address or General Location: v f I/ 1r/G,y o em .alt k 142 / M 4-<< Cgc (2"` ----)- AFFIDAVIT OF MARKING TREES, POSTING NOTICE, AND NOTIFYING NEIGHBORHOOD ASSOCIATION I, t LLrii tl!'ef*k'-tA8o swear or affirm that I am (representing) the party requesting a permit to cut � trees on the property located at /J/ 9 A 4 r ti Jam' u. i -i Pursuant to LOC 55.02.075, ii., 43` ' on the __� day of Ak , I personallymarked the trees (requested for removal) with ieivi he , 19./ yellow tagging tape, posted notice on the property that the site is subject to a pending tree removal permit, i / f � _, (street name) which is clearly visible to vehicles traveling on a public street , /y c,��% and to pedestrians walking or biking by the property, and sent a letter to the 44./,i,› �!Nu-•' 5m:r4" ` neighborhood association to notify the association of the removal request (attach letter). °J L :. - • Signature Subscribed and sworn to, or affirmed, before me this day of I\11. i( , '' ., 19' , STATE OF OREGON ' . r ! COUNTY OF CLACKAMAS P .. I • - 7.`2'w 's" °'a"'�.. �"""^ r � �- OFFICIAL :iAi Notary Public for the State of OregonFI S rel NOTARY PUni_UC-OR€t3 iN COMMISSION NO 31: : C ! . : 1 , i MY COMMISSION EXPIRES JUN 24 2OU . My Commission Expires THE 14 DAY PUBLIC NOTICE PERIOD WILL BEGIN ONLY WHEN THIS AFFIDAVIT IS RETURNED TO: Ia. CEIVD u_: .+ eye, x • City of Lake Oswego :•c Department of Planning and Development ,,,F'0 "`` Attn: Tree Cutting Permits .Girt OF LAKE OSWEGO P.O. Box 369 • Dept.of Planning&Development Lake Oswego, OR 97034 Revised June 1998 1:lforms\aaplctns\tree removal affidavit-june 98 0U1 4 •., id. •s0 Ali • • .93A. I BRAG GEARHART CITY OF LAKE OSWEGO I I VILLAGE ON THE LAKE 1 • LOT 2 1 1 ' t,..)\ (E) W —i` tor 2,1r8 SO Fr S115.1 - n. LOT AREAN 9,3M SO.Fr. R-- PERCENTAGE 233 X - .N A 5, f �a b S�y606 'YT'� t 1i `� \\ +oA� b b •` 4. -y LOWER FLC• \ ''oo., • ,A - Doug Pia. tEk 3 It i2- s' '• Asa -1!„.....— _ o, I A EL..` • }. - A1A1N FL•lOR `�•� • q�\ ki- ff 11 1 a \ 1 GARAG ; �- \ 5 a— OC �1'l . Z' EL.99. A. .. \ y �. d+' sc \ \ '0 ciyLII' "•• 3�et,7Nd�� I3-9' -'/CJ0' F `'IC3' l �'�.1 ` — — —�\ \\ 4 — S79. 'A—f • 4. 1•i—�-I d;b. �1 4 i o ewer - - _ � W 9"41srK ice' o l 31. V - 19 rf I' �;17:" Al ' �J Kp 3i. r-- /— IS.,(1n_ 14J° 26 r 5� ? U /v- 2l"otIG, tit, , fl - ,44,1l�e 4rnA' , j . 1.." ' pr 1rr �11i. _ r 11.6RECEIVED c�f1„ REC S `� " 1 �/S/99 TPW a 1a— 9.S etA .3 dof/� / 13 - 11ro c' 41 ik—no9oret 9 '3 NOV o2 19'19 1 —�o ;� ,' 1 f.s P LAKE OSwEro 0. ( al GI I CITY OF cow maw.srzulls.c /XI 7',1.�p '>t�d'� y.. •"����11 f 3_S- 00PI.of Plannln0 L 0evalnpment • .V nl MP i.t a.cwec.or.rt , (e--:) ▪ lururnMw.aaawlrr a n 10 a] .r�1G• f a]w.r]]a]n 1K rasa 10 Kas] f 0 �r G 1_. F f 1 a.' 1'�. 1 1 n At:Ad �g11w—aw.mama + '' = u wa ro¢,.at wa aooal:e.ala] 1 I 9) f sALAII 11AICOUD DEJI611 A / / O( IAtt / Inc 1 m'305 NM 18TIi AVENUE, PORTLAND, OREGON 97209 15031 225.9161 ! ( ) . C. ' M. . Wednesday, November 03, 1999 Lakeview Summit Neighborhood Association • ATTN: Buzz Siler 3328 Lakeview BLVD. Lake Oswego, OR 97035 RE: Tree Cutting Permit Number TC-99-0166 Dear Mr. Siler: I am writing on-behalf of Brad-Gearhart, the owner of the property located at Lot 2, Village on the Lake, with address 15199 Lilly Bay Court. We are proposing the construction of a new home that will require the removal of 14 trees from the lot. See the attached diagram to identify the location, types and sizes'of trees proposed for removal. Please call me at (503) 780-1121 if you have any questions. Sincerely, //atti f\(, (cf2eai-d-7'7 Richard C. Breakiron Consultant Cc: Brad Gearhart City of Lake Oswego, Planning Department RECEIVED • 1QCta 111 e t.od mA9aO,a1^rGlGO TREE REMOVAL QUESTIONNAIRE • Purpose of tree removal. To allow construction of a single-family residence on an approved lot for construction. The property is located at lot 2. block 2, Village on the Lake. A site plan is enclosed. Building permit has been applied for and the building permit number is 99-1793. A total of 14 trees have been identified for removal for the construction of the home. See attached site plan. Four of the trees identified for removal are already in extremely poor condition. In addition, four of the doug fir trees have extensive coverage by ivy. Erosion impact. The removal of the trees will not have a significant negative impact on erosion as there is extensive under story growth that will keep soils in place. During construction, erosion control measures will be put in place along the low point of the site. These measures have been identified in the erosion control permit. Soil stability. The soils are typical soils of the local area. The lot is not situated on any hazard soils areas of the city. Two existing houses already are built adjacent to the lot. Flow of surface waters. A storm system exists at the back of the lot. Surface waters will be diverted to those facilities. The natural flow of water will not be affected by the removal of the trees. • Protection of adiacent trees. The trees on this lot are spread apart and the removal of these trees will not remove existing windbreaks. Trees to remain will be protected by temporary fencing to prevent damage to them during construction. Impact on the character of the neighborhood. This lot is situated between two existing homes and backs up to a protected area. The trees that are in the protected area will continue to dominate the general feel of the area. The lot sits down below the rest of the area and the trees do not contribute to a skyline feature in the neighborhood. Other large trees will remain on the lot, in particular, there are trees that are along the flagpole portion of the lot that will remain. This flagpole portion of the lot is the only part of the lot that is visible to the public street. The lot can only be seen by the two adjacent lots based on the way it is situated. The lot will have landscaping put in when the house is finished construction. It is recommended that part of this landscaping include four 8-foot tall fir trees along each adjacent property line to provide screening privacy for all neighbors. RECEIVED NO1.1 _ i990 CITY pe• LA osw Dept of pranning&Devefo EGO pment 50d a +1' .. L- UPDATED TREE REMOVAL QUESTIONNAIRE November 22, 1999 CITY OF ', :• E'eot.or Plarnin!: Purpose of tree removal. To allow construction of a single-family residence on an approved lot for construction. The property is located at lot 2, block 2, Village on the Lake. An updated tree cutting site plan is enclosed. Building permit has been applied for and the building permit number is 99-1793. A total of 6 trees have been identified for removal for the construction of the home. See attached site plan. Three additional trees are in the site plan but these trees are dead Erosion impact. The removal of the trees will not have a significant negative impact on erosion as there is extensive under story growth that will keep soils in place. During construction, erosion control measures will be put in place along the low point of the site. These measures have been identified in the erosion control permit. Soil stability. The soils are typical soils of the local area. The lot is not situated on any hazard soils areas of the city. Two existing houses already are built adjacent to the lot. Flow of surface waters. A storm system exists at the back of the lot. Surface waters will be diverted to those facilities. The natural flow of water will not be affected by the removal of the trees. Protection of adiacent trees. The trees on this lot are spread apart and the removal of these trees • will not remove existing windbreaks. Trees to remain will be protected by temporary fencing to prevent damage to them during construction. Impact on the character of the neighborhood. This lot is situated between two existing homes and backs up to a protected area. The trees that are in the protected area will continue to dominate the general feel of the area. The lot sits down below the rest of the area and the trees do not contribute to a skyline feature in the neighborhood. 17 other large trees will remain on the lot. In particular, there are trees that are along the flagpole portion of the lot and at the sides and rear yard that will remain. The flagpole portion of the lot is the only part of the lot that is visible to the public street. The lot can only be seen by the two adjacent lots based on the way it is situated. The lot will have landscaping put in when the house is finished construction. It is recommended that part of this landscaping include four 8-foot tall fir trees along each adjacent property line to provide additional screening privacy for all neighbors. S 0C 18 1 •--,.. 0 ~' v WW I • 1I / CJ _ 9415 0 04 - Pi PINE S434'04'2 " "�```�.. 1 JNE 3 W /7 0.00 w� a ' / J I `� I , \\ 1Q5,14, 1 //`I\ I IgB/ rn !2., 1 ,I I U - pIryk C' Sly / /, / . r S N 79'40'36" Al / J 1 ACCESS O , I\f L. , t g �_� pls„ = 8. 7.7 1 J, EASEMENT t,. �1 ' / NE \\ Pit = 8" 8 - e. �_ N 94'04'23"E ,. l 1 1, CLI, ,f 1 n i N 1 / \\'' p)Ne - %�ru —L ���?� / et �S m I'I i `_. P. �'26. l 14,./ _ 1' !, / 'I \\ _ VINE _ III -- 74' / 0 rj^ / I I ' $4(i� - -� j, F-e n o Je�. 1 I t'1� � � c ` 1 �a EP f� \b. gyp, m lJ• C- y �rQ&S e- • i 8, is '1\ r o ppw���6�d "r�+tl. 1 12.50' • kr+ 3 O 1 " S ' 1 2 V ,l /Ve- .` I r,i j 1 -'12. 1 C �r hl 4 I c. IF 2 i i * G - Id ', iltA to— b IQ' -\` t4. i.... 50.- 284 1� ,[. IP) 0 - 1°X.1;ADi0.,- " '1 I 1 \\ . id• l_% " DI.cf" 1] . TREE 4/k ORE O. cl` R T a 0� 0 IJ 1�'I o DEAD �T, CD l (•, J /Q " �i/►�C', - rr .... TREE `/ , PoiDEAD TREE �t j tJ! •!II \\ 47.UU �.� r Cr) *DEAD r\Wc ft I. , 1 I, r 1\ TREE �, r � 4/re' - - 41gp I T I . /Ifil I''kz NC C(USTR , (r �1\ C _- 'lit .' Q r s dlgF L. C. F �. i/ \'' N.. C{�S I i Ir R S x IFS _ 2 25 0 6'590 �� N 75'28'59" E 75,99' N 56. oi ' /, o 3 ‘ I 1 2ti" S 84'04'23r' W I 105.14' 1.1 i1 • l / ' •IE + r o PINE 1, h� ftu.'; f I, 1 (� r 6 r'IvC `l 6. Pit, 1'11' Cy . _ i A•rivC p y 1 . �yylur x. 14 79'9 + 'w ti ^ I I l In J.11a S C �.IC.1� PIKE- 'Y i Ol5 w I I_II6+bT'!J.— _ '--�'ISre - / / SJ\ 1 (7 _I 111 1 A' 00 `I I+ 1 ttn bV fr q A pi 8.glr \ I J ,1 ,+/ Sb • y� 1• cy n IP IA ' _." �'>e� 79 PI61Y - VE I '''' H. 1 8 1'T o.p. ,� �, 'Iiw+ •(• '�4 I IfI C. I I: I1' Ili , ;V`'V� t. ,n�/: I—a \ 7° - •• ;;, +'r+,; tar: CO I,' i�[I i \` SCM i Its n I It IaU es I\ Iro A ✓y , UVW OEfD +x�i+ 1 1'1 ---5 11 tR� t grit IJ 0p tY� IG I- •bi l'I ` / ustE ,'CIAa.E + �J I 11�,- I�USRR 5 IGIIISIEH ���� ( r 7 iL Y MIL 9 91 p C� 1� ; 15 w r' i n ,_ �� r;' 'y ...---- f,.-L,Ir• N ill 11 m 7 ` '1 .4 11`� I lieu i ICLUSITN I ,. d m C' j r' i,j` 'u i rn 7' in Pc ag_ SCALE DRAWING I LOT 2, BLOCK z, 'Tifr.ni < �� �1/OC'ED WOOL PER CI IErII it/0/95)/95 MEC ,, `° VILI ACE ON THE LAKE c4 RLL HOUSE(.WEVSION r"FR HANDY Al M1SCCr1a DESIGN N. 1\2 SEC.9, T.25„ R.1E., W.M, • 1 in/ (° I '15/9 MCC CITY OF LAKE OSN'ECO C' CLACKAMAS COUNTY, OREGON 11:1.1 A 51M FOOT I+UDIr ull_NS ANDNOVEI�HER 15 1999 C. AUBLICLONG SIM EASEIAMfltONII sNru.rEz1s) Cel,lerline Cor is• Inc. jJ ALONG Alt sTer'[r r;torlrncE III DRAWN BY: MEC CHECKED BY: WCDIII SCALE i"=20' ACCOUNT # 995 Wednesday,November 24, 1999 411 Lakeview Summit Neighborhood Association ATTN: Buzz Siler 3328 Lakeview BLVD. Lake Oswego, OR 97035 RE: Tree Cutting Permit Number TC-99-0166 Dear Mr. Siler: I wrote to you on November 3, 1999 concerning a tree-cutting permit on the above site. The City of Lake Oswego requested an updated site plan based on their initial visit to the site. The updated site plan identified errors with the original site plan and I am enclosing an updated and corrected site plan. Also the city planner requested all tress on the site be identified. The corrections identify now only 6 trees to be removed versus the previously identified 14 trees. The City of Lake Oswego planner, Sandy,will conduct a field inspection November 24, 1999 of the site. The site is presently flagged and the trees that removal is being asked for are identified with yellow tape and the corners of the house are identified with stakes and red tape. Howard Franklin has asked for hearing on the tree-cutting permit and this hearing will be held in front of the Design Review Commission on a date in the near future. We have also provided Sandy a copy of the color rendering of the proposed home and the elevations and floor plans. Best regards, 41/ k;i7 Richard C. Breakiron Consultant Cc: Brad Gearhart City of Lake Oswego, Planning Department ATTN: Sandy C TY OF LAKE OSW o Capt.of Planning&Develcnment 0 2 l 3 _ W \t , 105_14 ._. \ N • ''I-• SnN.. 4- - . �t`I S— '04 23 I 26" $4 / / . .•LE - PINE t J I2., . l ,! cl u - - S 1 ! 1 , 1 --� Q� PINE (IQ . I r / r O `� \ PINE � - ,9 1 / •s _ 14' ^ • Q Y �\ EA5EMENT, 'N P�{' PINE • o % ,r \Ac s. i �e- �� � .s�'1i 0'-Q I Al C. a e 51 f on) 1 N 84'0 -3.. E •t • — / N.,r _. r v NE / v�;\ •�r r : IfIt. ./r I��O /Sr 36r L. /NINE - \' i ! P' / SV. ',, . 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V' 1 •. • . ,, ,.. ..• a • -.6 ....al • i_ • eit . 4 . ' r - --i Ilr i. I • . ...: ... . _. • _lt . . - -.IP. . .• air. . - : . . .... ••• - --, i. . . 41,,,11.-.:II.'i, 741. • * - • Iiriri iii...• .. It '.. .. II . "Ii• : ., koit • . ..,I • 77 ' , 41 t I. p 7 ol4 • . . . .. . •4011 I, ." .• ur . s. # .S. -1. • ... ..... ..... t.. . , .... It- • . •,'•die.t• • RV it 1. • -,,i di I . 4.- 1. .!1 * • . ii. _ : t. 4. . i ••• ,s2... , flirt. . • . Tree Inventory# 12 Site Visit 11/9/99 Douglas Fir,21.5" in good health , 1111 11111 1111 ______ • . p • :4, • L P0003806 (1024x1536x16M jpeg) -,.. . .4 •....,_A_ i._„,,,',l•,e ,. .,„,.„......,....,,,,„ . . , : "' I ,t . 4#..,b 1•11 0";1i ;• „„,...... •.... .: •.rira- _.... . ...a., .. .,. , ... . ;.... 1 0.... . . . Ir.# • • /0 1 ki.. • .i'• t .1'• - 4 . - ., 4,1., • 1 - ,... q." I... II.. . 444‘1"4:n 4 eit"Iiit. t '••••.. 41..•'; . ‘..! •.7 . 6. i .. 01/2.,s '. • • ' ".. ....s *• - ..."' . /IN-4". ' , .•, °1',. . 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''...' ::. :::,‘!.'.;'";"4:7:',k','1,:,:;:;.,E.,:.1.‘.,,',2.--.7.17:182.-1.s.....::,..i.'''''.4.....,:11rt"::"L'V'T--.*-irl:;( ..;.1.:F.:.:'''LI----.1.:3... ..:: ,":64::,.14411:44111'''' ''•'; 4-°:...!-..j7IbL:' ...:.2..-...:,::::fff::77":77:1•.,1:":11:7741117::%-'''''''':'-':''''.'.;::... ''''.:.:.....4:•:1i. - . , . J. -•. , . ,..f.e . - '4-i Af - _.--7.• I -• • -.• IX' .. . • . . ' ' ' -'.‹..''' ‘.. . . :.:12. '•:' e-„,re ..s.-;' •• ''0.•.--Asil t •- :aoil. Vt,, -.7.'7-'4.;:it;,4, - '4;1;.'''''',..•.'• , .. .T.3. • --...e 1.2.e.r , . 0 V : •'1/4i, fc L.,.. . .--...-,... . -sriA.,- -4:-... Tree Inventory # 3 (background) Site Visit 12/1/99 c - North east corner of property c.., C; (....-.) 0 • • . . r O 0 • . Ex000023 (1536x1021x16M 7Peg) • i* f 'i k. �': ' 1, 7 wW• f litni .r '•.. - • w •1•yLHM1 N t • t -- . �••V.' ,*.• '' • _ -el •_t , iW-/]rid .-. 1 . 4.fir{•, Y' • 4 �•,/ I = 6• ..� ;�i N, • 4y .Y V �� J,�'�OY.,] ."� •a~ Y T ^« Wes/ �441. t. " .,may Z "1j • t - t A • ,. C .• fir• :+• '� + •4 .' , . At" C.,.� ! s A t r ��IY r f1�, N_ +� 3 �7r Cn , ' u • • � r. M .,•w�n,rT.r�M YY ..,„ • .. Iy�F 4� •M ' ' .I •%a �, .w rF'165s�i 3 . •w'�- . '`. • rr. of - �,Y ,,.. J'• r ,_ �. � /Ist 'la ^ "'t i4° +_ +_ •� ;1... � , Site Visit 12/1/99 Looking west through property r"^ toward 15195 Lily Bay Court. Pink C) flags mark footprint. —1 Ex000024 (1536x1.024x]6M jpey) • • er 'IL * r , • • - .1', ,-'AV T." t":- C-.7' ' • - , .: ' •,- :....1.. _.-s4.,-, 1r4,...e.,z,,, . ,,.....-_,0.,...i.: ..• _ . • ..., "7..„ - - - ,/r1 el-14 • ; .114 �. .�"f r • y`-— r,e. t R ,. ��f -g,,. ;r•a .,l*^' �ri �l Yi'r • • •r"ffSrr 1���y -. I '; 40! T _ •t7} �T:fl . R' R • J - ; ^'' C LT' y~. 'mil i D I . = r T.i ,r'"'" . t': 4'sq.ml • / to.:. • 1 -.i_.T, >> F^ • „ • " ,". ' + .f . . * _ 1 „ I t i r> r•1�`. a i. �r 'qf .,,, 1, •,. 1• • t ,4 .' S ' _ ^ k- '�•� • '•1........ • • _.•.'.:A 1 rs ► i'F'-` ... r -'1. JS , .%•� �ja Y _ - �_' -[""mac'•. _ .��\ Tree Inventory# 9 Site Visit 12/1/99 Looking south toward rear of C , property past tree. Footprint marked ' in pink flagging. III/ • • • Ex000019 (1536x1029x16M jpeg) *' : :' FL ''(,i_ # +r. r: "i;$1 r .'. _ ...a s 6 +�-" , + . :•.ram , Zv .,I'11 L.1..�+�'L.' r4`.• .emu- "� w«i �.• • .?. _. r _ _ • ��:...,E.„ Y± _a.ranw • • �;�' _ .` .. r , 11��A`+ i ft- yi) _ k.0. ... .....! . „•; p.+�"`� ...�A `I.� 4"tti WR rY.. -7 I '1 . Any A`. ._ • .� .' ,�•r. ,:,ar,a,.i; +�, I uATe i ji - K'•L ... y•a,w�r.". •_ ;`` "a• iJ-1 4 r -(4 —, kF '1 �;.1 L �A I. �A 'I ft'iwf a.l�i.�€ y • A(1�'il"l 0311Er. 11 ...., �a. �1 41' ." I ".„Ail.: t °- ' .. -w..�`rpy% • , �/ 'I ... WI. d•.; „T , e'1 ,w • - R" /. Sa. ti - k '�.". gilt '1 f� 111. I. j � '� •[ M. 'w' "j' �raMl , i .� !t• _ .-.. .,•,' w " .. �^t'i.' '� s ;♦ • i+• 'ram f t .., , .. , ;.0:It • le • . .• , .... f',..h.. ." '. •.1; 1 - - . • •-• ' I.' 7 ',.' _1.,'-..4.A.i. :1'.i.:roak.f.,44ii* • w e c �' 1..1.0:` 14; '•^\ d. .i*� j a ,, . � . S,. Ir •'. a. .#, U qr i r, Gi 111� A R r y `y+ • sr �.%,� •'� i ,w .Ai" •_ t I•1,}` fi•. 1 ,. � _ 'lam ' -F '* . a• '' +�...' i , •� .•�Ai'. ` Ir:".• 1: 11 - . I 2 y '•.ry.• .,�., 1 4."i�„ r� "",� "l • as -y, r�,.. ^it• - T. ). , + it' f t ~, .� ..9.,J- T• a'•,f r r. ' 3.r`r+� ' • ':�• r --IL 1, , ~V:-,,j S .4' •4 7,1 ,•. ..} l V. ':ir�,hie•:'s } �{ 1j.. ... 2� - _ "sST� +4 r y". rl • '. ✓° `:'.��� • �.� f? � L e I A)• N,J�� � _..e. � H� 'lN"fA.�• ��T ��� -. 1.:.1z,.`� E' r• 4 +;* i. ',a�.� 7‘ <-. 4y11 •_ ` .• 4. s ' "e, P ,�, .r ? A .t.;�ir1 4. • '"i.:. .]1'Rfrr, "rat . . aa1 7 �Y J L•"!' "1 `� R.`"I ii hT �y,� if J i✓ �"C � � 5. .,� . y.,, �.�y, -F/,R•^.. r .. -_ l , •.. A A'.i� V^ • • .l I'i'i l -• +> :a. l• e 1• 1 k y t a -j'!7:•i1 •.a 7 l-", _ �`+ '�' " 1 .1 r l (N` k..;-• •• + ti 1.L,..�.^yy` Ltj.'.,. . ,e0....1 ,1—_ S 1 �,"y f 1 1. -.vetwe4.3 ( .. t~- _ „".I '.�V\ :3l'i.; '.�{c �,•_ i1Lf ^ •.'j,.F.v� sJ 'free Inventory # 13, 14 Site Visit 12/1/99 c., Pink flags mark footprint • • • 003� RICHARD C . BREAKIRON FACSIMILE TRANSMITTAL SHEET TO: - -. — FROM - Sandy Ingalls Richard C.Breakiron COMPANY: DATE: City of Lake Oswego 12/27/99 FAX NUMBER RECIEPCENT: TOTAL NO.OF PAGES INCLUDING COVER (503) 635-0269 3 pages PHONE NU RECEIPIENT: PHONE NUMBER SENDER: (503) 699-7473 (503) 579-2539 (503)780-1121 (Cellular) RE: FAX NUMBER RECIPIENT Letter from Arborist Walter Knapp (503)579-6506 • ❑URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE • NOTES/COMMENTS: Sandy, Here is the letter from Walter Knapp on the trees on the Lily Bay Court tree cutting permit request Note these tree numbers are for the trees outside the building envelope. Let me know if you 411 have questions. Richard Breakiron • E E 13585 SW STIRRUP COURT, BEAVERTON, OR 97008 EXHIBIT 9 CITY OF LAKE C s;rr,r.- 3 U 3 9 LU 99-0066 u:=;;.of Planning&D vai;pmar., 3 p4ge; L r'1 12/27/99 MON 15: 20 FAX 503 579 0506 BREAK 1RON & I1OUA111)1S lJJ002 Doc-27-99 02:44P Walter H_ Knapp 503-646-4349 P_O1 Walter H. Knapp • Silvict.tnrre dF lurerr,ifanagement Urbs►n Forestry December 27, 1999 Mr_ Brad Gearhart Preferred Homes 1918 Runnymeade Court Portland, OR 97229 Dear Mr. Gearhart: As requested by you and Richard Breakiron, I evaluated the general health of designated trees on the vacant lot adjacent to 15201 SW Lily Bay Court in Lake Oswego_ Trees are numbered to coincide with the aluminum tags where present, or as shown on the enclosed annotated map. My findings are sununarized in the following table. Trees least suited for retention are shown in Italics: Tree Species Diartt. ( Crown Description No [in.] Width 1 Douglas-fir 24 1 15 Vigor: good Fliglraf maple 14 115 Vigor:fair. Sinuous firm. split on lower trunk. 3 iknaglas-_/ir 10,h] 0-west, Vigor:poor. Overtopped. but 10-east , could he retained with4111 g _ 15 Vigor: good 4 Dou_las-fir �4 5 Bigleaf maple 10 18 I Vigor: fair .)3021 D.iiglax jir- /< 10 Vigor:poor. Old broken top, poor crown, overtopped 3026 Douglas-fir , 1-1 15 Vigor; fair, Crown. fair Please note that all of the conifers on the lot are Douglas-firs. With the exception of tree no. 3 (change noted), diameters were not verified, but appear to he generally correct. Please call ate if you have questions regarding my observations and findings. Sincerely, Walter H. Knapp Certifedl'uresrer, .S4F (7zrti t`red.9rborisi.JS�l Enclosure CC: Richard l3reakiron 761 S VW t)urr_rrrrt,ir Long Beaverton, UR 97007 Plrone/Fax:003)646-4349 0640 ' Y ; `e"' Plannirf_ 0 I ' ... , a:, nv.. i.,• ..•v In.i aa.i ,o;, UOUO uicLvni1 L,:' a UVUeL UL 4003 OQc-27-99 03 : 16P Walter H_ Knapp 503-646-4349 P_01 L4, I/aN Illh 10:4, tij DM, aI OSUti IIKI-AKIHON & 1(k;d1(liU5 4)0 02 • ,,, d3, CA 1. N 1 ) ¢ J ) al (_ tli 1 qw .....I - s cp J ; 1 / �^ N • -7 Ff y � Imo^ j' I�{� — F*4• 3 3 ,,/ I I V. � =3 r r 1 4 'ar \ 1 I' Jw �.� �"..I .`:I ,; • \' j ' 1 iry .0 • "'..11 - ', -. VI _- 2n.2' —1 1.� 3.i I `'/ P. 47 • 3I t 2. _•�\,/41i ; - - . ''g i y I ems- 1 G 5• i • :-� in i' 'IV to i '/ 17 r- ` r W n - \..... W , I ' _ D�_ inb.- M fl pr S co-_ 0li1• 1 I /1-- • • p.„.... 7, /fief 0 4 1 CITY OF LA ' �.��:; -- Zvi l 1 v Capt.oi Planninzi&Davac,(rrt1. 3 F • S • 0 2 ;, t;4 Reeve Kearns PC .. - Attorneys at Law 803 Oregon National Building • ; • 610 S.W.Alder Street Portland,Oregon 97205 CITY OF LAKE OSWEGO Telephone: 503-225-0713 Dept.of Planning a Development Facsimile: 503-225-0276 e-mail: donaree'.aekearns.com Daniel H.Kearns Direct Dial; 503-225-1127 November 8, 1999 Sandy Ingles Lake Oswego Planning Department 380 A Avenue P.O. Box 369 Lake Oswego, OR 97034 RE: Tree Cutting Permit Application No. TC99-0166 Site address: 1 Lily Bay Court Request for Hearing I I q9 Dear Ms. Ingles: This firm represents Howard Franklin, the who resides at 15203 Lily Bay Court, adjacent to the above-mentioned vacant lot at 15201 Lily Bay Court. The City recently posted notice on this property of a pending tree cutting permit application and the opportunity to call for a hearing on the application. On behalf of Howard Franklin, I hereby request a hearing on this application Please notify me of the hearing date and time once it is scheduled. Thank you. Sincerely, Daniel Kearns cc: Howard Franklin EXHIBIT 10 LU 99-0066 • ti: 1 11 'l . 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' ••:''V ' 1'....' 0111:7i14,'1,0:i.irP:'.../....'.•:::.i ". . .• .;:..•' ... 1•''.• ..1..;•;;' !Y.',i.•,;;;;p i ty.,.;. i.,,,T i•..41,0V).. .1,71.1,;•.•'t......1•.•,'..',?...•4.1•A'10.. l . • II ...,... .. 11111 , .. , .....,, • (..... ) '?,irT;i:-.,,,,...:.•;:f611,...'.4.,7-..11'Y',•1..P1;r2.-..-i,•.:.!•.-.. • • BEF ORE THE DEVELOPMENT REVIEW BOARD OF THE CITY OF LAKE OSWEGO 0 REQUEST FOR PLANNED DEVELOPMENT ) PD 3-85/VAR 11-85/VAR 12-85 APPROVAL OF 101 LOTS EAST OF ) VAR 13-85/VAR 17 85 27 .1 SUMMIT DRIVE . ) (Village on the Lake) FINDINGS, CONCLUSION AND ORDER NATURE OF APPLICATION. This application is for approval of a 101 lot residential Planned I Development in an R-15 zone. The request also requires approval of the following four variances : 1 . To vary the Transit Standard requiring a hard surface path to connect a development to the nearest transit facility [Standard No . 6 .020 ( 1 ) (b ) ] - VAR 11-85 . , 2 . To vary the Landscaping , Screening and Buffering Standard requiring street trees along streets abutting a development [ Standard No . 9 . 020 ( 4 ) ] - VAR 12-85 . 3 . To vary the Subdivision Code requiring a 100 ' minimum radius curvature for a residential street ( LOC 44 . 385 ) - VAR 13-85 . 111 4 . To vary the Stream Corridor Standard requirement for a 50 ' wide buffer zone to a 20 ' wide buffer zone [ 3 .020 ( 2 ) ] - VAR 17-85 . HEARINGS The Development Review Board held public hearings and considered this application at its meetings of April 1 , April 15 , April 17 , May 6 , May 22 and May 23 , 1985 . Following the presentation of exhibits and testimony at those hearings , the Development Review Board voted 5 to - 0 to APPROVE the request with conditions . FACTS The following is a summary of the facts and testimony presented which were found most relevant to this decision . These facts are presented in more detail in the staff reports dated March 22 and May 15 , 1985 , the applicant ' s proposals , and the minutes of the hearings . 3 • age 1 PD 3-85/VAR 11-85/VAR 12-85 ` • VAR 13-85/VAR 17-85 3 20 2P/SY/mas EXHIBIT 11 LU 99-0066 IG r4u4.5 tt , ., �. 1 1 1 . The site of the application is located east of Summit Drive , south of Iron Mountain Boulevard , and 2 contains 45 .18 acres . • 3 2 . The Comprehensive Plan land use designation is Residential R-15 . This zoning is R-15 . 411 3 . The site borders Oswego Lake to the south and east , and contains within its boundaries , the natural feature identified in the Comprehensive Plan as the 6 Frog Pond. The applicant proposed a protective buffer area around the bay. Testimony was received 7 from the Audubon Society , the Conservancy Commission, and the neighborhood that the protective 8 buffer was inadequate to provide long-term protection to the bay. ' 9 4 . The site also contains a Distinctive Natural Area 10 located "east of Summit Drive on knoll" . (#27 , pg. 28 Distinctive Natural Area policies - Comprehensive li Plan ) . The remaining site has a heavy tree cover of Douglas fir and other mature native trees . The 12 applicant proposed protective covenants providing for 70% overal l protection of trees in the i3 Distinctive Natural Area. The Conservancy Commission testified that there should be a 100% 14 Protection on the rear of lots in the DNA, and 70% protection on the front of those lots . 15 5 . The site is further shown to include a viewpoint . III16 Testimony was received from residents on Diamond Head and Robinson ' s Point regarding potential crime 17 and privacy impacts . 18 6 . No wetlands or stream corridors are identified on this site in the Com_rehensive Plan . Wetlands and a i9 stream corridor were identified during the application and hearings process . 20 7 . Access is provided from Summit Drive , a substandard 21 County road . The present intersection of Summit Drive and Iron Mountain is poorly designed . A 22 traffic study submitted by the applicants recommended short and long term improvements to 23 correct the existing situation. Clackamas County • submitted recommendations for improvements to Summit 24 Drive, and to the intersection. Neighborhood residents testified regarding the inadequacy of 25 Summit Drive and the inters ection . 26 Page 2 PD 3-85/VAR 11-85/VAR 12-85 VAR 13-85/VAR 17-85 3202P/SY/mas S 0 046 ►-y '.r L I J 8 . Utilities are available to the site as follows : Police and fire service are presently available to this site and the surrounding Summit neighborhood, since the entire area is within the City limits . Neither department indicated any staffing/capacity problems with the density proposed. Water is provided from a newly installed water main in Iron Mountain Boulevard, via an 8 " line in Summit Drive. A sewer trunk is located in Twin Point Drive which flows into the main line in the lake . The applicant proposed that a portion of the site be served by sewage pumps to the trunk line, rather than gravity flow . Testimony was received from a registered engineer stating that gravity flow service was 10 the least costly and most failsafe alternative for the ,community. 11 The applicant testified that he would fund the ' 2 cost of equipment, and installation , and would pay continuing power costs . L 9 . The applicant proposed variable setbacks to 14 provide better protection of Lily Bay, the . Distinctive Natural Area, the views from the 15 viewpoint, the stream corridor , and the overall • vegetative cover on the site . 10 . The site contains areas of slope over 50% , and 17 areas of slope 12%-50% . 18 11 . The applicant requested a variance to street tree requirements stating that the site was 19 heavily treed and that cultivated species would not be in keeping with the nature of the 20 existing vegetation . 21 . 12 . The applicant proposed sidewalks on one side of Village Drive, on one side of Bay View Lane, 22 and on Viewlake Court from Village Drive to the viewpoint . 23 13 . The applicant proposed a common driveway for 24 Lots 10 , 11 , 12 and 13 of Block 5 to prevent cuts on steep slopes and to preserve mature 25 trees . 26 Page 3 PD 3-85/VAR 11-85/VAR 12-85 VAR 13-85/VAR 17-85 • 3202P/SY/mas 0 6 47 J r I 1 14 . Testimony was received questioning the applicant ' s need to apply for an Overall 2 Development Plan and Schedule (ODPS ) . Code requirements for ODPS were discussed . The 3 applicants entered evidence in the record that • their site did not require an ODPS . 4 15 . Lot 28 , Block 3 borders the main lake , and is not included in the protective covenants of the remainder of the plat . 6 16 . Parcel B is proposed for a marina facility . 7 That application will be reviewed at a later date . No evidence or testimony was taken on 8 any specific use or intensity of use for Parcel B . Parcel B is not included in the 9 protective covenants . 10 17 . The applicant requested a variance to the width of the stream corridor buffer area . Testimony 11 was received in opposition to the variance . 12 18 . The applicant requested a variance to the requirement of the Transit Standard to 13 construct a pathway to the bus stop on Iron • Mountain . The applicant will build the pathway 14 along his frontage . 15 19 . There are areas of old fill on the site which may be improperly compacted for building 16 foundation and street construction . 17 20 . The R-15 zone , combined with use of the Planned Development Overlay District, allows density 18 transfer and clustering of units provided that other codes and standards are met . 19 CRITERIA 20 The request under consideration was a quasi-judicial procedure , the 21 conduct of which is regulated by LOC 49 . 610 . Applicable requirements 22 of the Lake Oswego Comprehensive Plan , LCDC Goals and City Codes and Ordinances were applied . The following criteria were found by the 23 Development Review Board to be most relevant to this decision : 24 25 1 . LCDC Goal Requirements : None . The City 's Plan is acknowledged . 26 Page 4 PD 3-85/VAR 11-85/VAR 12-85 VAR 13-85/VAR 17-85 3202P/SY/mas • o •i J n V 2 . Lake -Oswego Comprehensive Plan designations and • policies : • Growth Management Policies Natural Resources Policies Residential Land Use Policies Open Space Land Use Policies Transportation and Public Facilities Policies 3 . Zoning Ordinance provisions : LOC 48 .085( 4 ) • LOC 48..205 - 48 . 215 LOC 48 . 470 - 48 . 475 4 . Other Code provisions : • LOC 49 .145 LOC, 49 . 300 - 49 . 335 LOC' 49 .500 - 49 . 510 LOC 49 . 615 Development Standards : Floodplains Access Stream Corridors Site Circulation-Private Wetlands Streets/Driveways Hillside Protection/ Site Circulation-Bikeways/ Erosion Control Walkways + 111 Park and Open Space Transit Landscaping, Street Street Lights Trees , Screening, Utilities Buffering Drainage for Major 17 Parking and Loading Development FINDINGS OF FACT 17 After consideration of the relevant FACTS and applicable Cr :: :e _ _ the Development Review Board found that : 20 1 . The Comprehensive Plan had been addressed as foiic.._ : 21 a . The applicant had preserved the Lily Bay as c---- 22 space. The protective buffer area proposed the applicant should be expanded by moving Lo: 23 • 3 , Block 2 to another location; by narrowing right-of-way on Bay View Lane; by removing a 24 on the point overlooking the bay inlet; by allowing flexible setbacks in that area ; and, 25 redesign of the cul de sac into a hammerheasd rC allow major movement of the buffer line to the 76 DaQe 5 PD 3-85/VAR 11-85/VAR 12-85 • VAR 13-85/VAR 17-85 3202P/SY/mas 0u 49 • . 01 1 west closer to the Audubon buffer line . The waters of the bay would be protected by erosion 2 control as required by City code , by a filtration pond designed into the storm drainage 3 system, and by protective covenants prohibiting • removal of vegetation in the buffer area : 4 b . The Distinctive Natural Area as identified is 5 consistent with the Plan . The protective covenants restricting tree cutting will preserve o present and future viability of the Distinctive Natural Area . A 100% restriction on the rear of 7 Lots 3-7 , and 9-26 of Block 5 and a 70% restriction on the remaining DNA area would best 8 provide this protection, subject to the provision that a reasonable building envelope 9 should be allowed on each. The restriction areas are shown on Exhibit B, and should be 10 shown on the final plat . ii c. A view point is provided, and viewlines are protected . Use of the public street itself 12 could also provide a viewpoint with no specific location identified. 13 d . Wildlife habitat is protected in a manner which 14 provided a continuous connection from the DNA through the wetlands open space area along the 15 stream corridor to the bay. The bay and its banks are also protected . • 16 e . Rare plant species can be protected by a 17 requirement for a locational study, and requirement for protective covenants if 18 identified . 19 f . Growth management and residential land use policies are met . The Planned Development 20 proposes densities as allowed by the R-15 Plan and zone designation . The applicant has 21 provided detailed analysis and site plans of effects of the development on public facilities , 22 natural features and hazards , and the transportation system. Clustering of lots has 23 been used to limit impacts on natural features and hazards . Both short and long term public 24 facilities are available, or can be made available at developer 's cost or with developer 25 participation as identified in the exhibits and 26 Page 6 PD 3-85/VAR 11-85/VAR 12-85 VAR 13-85/VAR 17-85 3202P/SY/mas • n U ;: 5C, testimony. Particular attention needs to be directed towards a mechanism to identify options, costs and participants in the long-term realignment of Summit Drive and Iron Mt . • Boulevard . g . Open space and natural resources policies are met by . the identification and protection of the :DNA, the Lily Bay , the stream corridor and wetlands, wildlife habitat, protected plant species and protection of the water quality in the Bay and main lake as proposed by the applicant , or as conditioned herein . h . Transportation policies are met by proposed short-term improvements to Summit Drive and the intersection at Iron Mt . Blvd . , by identification and provision for long term .0 improvements as proposed and conditioned herein , and Oy location adjacent to a transit route . 2 . Zoning and Planned Development requirements are .2 met . The use is a permitted use , residential density is consistent with the zone , as conditioned .3 herein; and , flexible setbacks are allowed under the PD overlay. Height and lot coverage must be .4 determined at time of building permit application . No variation from lot coverage was requested . Therefore, the R-15 zone requirement applies . O3 . The development ordinance procedural sections were met . Pre-application conferences were held , an application received, a staff report prepared, notice was sent as required, and hearings were held 3 according to LOC 49 . 610 . 9 4 . The development standards are met , or can be met as conditioned herein . The Historic Resources , 0 Building Design Standards do not apply as detailed in the application and staff report . The stream ? corridor standard was met by provision of a protective buffer 25 ' on each side of the stream, 2 except for an area near Lily Bay Court , where a variance was requested and approved . The staff 3 reports contain the variance findings in detail . 4 The Wetland Standard is met by inclusion of those wetlands in a protected natural area . The low 5 portion of Lot 27 , Block 5 should be included in the 6 age 7 PD 3-85/VAR 11-85/VAR 12-85 VAR 13-85/VAR 17-85 • • 3202P/SY/mas C :; ,, � 3 1 protective area . The potential wetlands in the Village Drive right-of-way did not meet the criteria for essential wetlands and were not required to be protected . The staff report of May 15 , 1985 3 contains the analysis for the potential wetlands . 4 Access - All lots abut a public street for at least 25 feet. 5 :rivate Streets/Driveways - The applicant showed 6 evidence that driveways could be provided to meet code requirements . The common driveway serving Lots 7 9-12 , Block 5 must be built to allow fire access . 8 Hillside Protection/Erosion Control - Lots with slope over 50% were analyzed . The Board found that 9 density transfer was feasible since the R-15 zone allows clustering of units . The applicant is 10 directed to transfer density. Staff is to monitor , and retern the Planned Development to the Board if 11 an increase in density results . If density transfer is not feasible, then the criteria for development 12 on slopes over 50% must be met . Changes which do not result in a density increase will be considered 13 minor development modifications and shall be reviewed by staff as part of final plat approvals . 14 The applicant proposed erosion control measures . 15 Conditions are necessary as provided herein , particularly in the stream corridor and bay buffer 111 16 area . 17 park and Open Space is met by dedication of 20% or more of the site as open space . Sites so designated 18 are those identified by the Comprehensive Plan . 19 Street Trees are required on lots having no trees forward of the front building line. Native species 20 shall be used . The variance to this standard should be denied . 21 Bikeways/Walkways/Transit - The applicant will 22 provide a property line sidewalk on Summit along the frontage of the site. The walk may meander to avoid 23 trees or topographical features. It is impractical to provide a path across the existing railroad 24 overpass since it would require reconstruction of the overpass prior to determination of the best 25 location for the realignment of the intersection of 26 Page 8 PD 3-85/VAR 11-85/VAR 12-85 VAR 13-85/VAR 17-85 3202P/SY/mas • 52 1 Summit and Iron Mt . The transit variance should be granted . Detailed findings are found in the staff report . 1111 Utilities - The entire width of Summit Drive abutting this site should be improved to City Standards , pending approval by the County of a petition by the City for transfer of jurisdiction of the portion of Summit abutting this site . The :. aiicnment of Iron Mt . to the north at the intersection, and the other short-term improvements identified by the traffic analysis are . also necessary to facilitate increased traffic options for the remaining long-term improvements should be identified soon , and costs apportioned. Telephone, gas and electricity are available and have capacity to serve the site. 0 Street lights shall be installed as part of the Summit improvement and on internal streets to meet City code and standards . Storm drainage as proposed meets the standard. Care 3 should be taken to provide minimal disruption of protected areas in installing lines . Erosion should be prevented . Pollution control mechanisms should be used to protect water quality of wetlands , stream corridor , the bay and the main Lake . Sanitary sewer may be provided by gravity flow to the trunk in Twin Fir , or to a potential line in the _ lake adjacent to Diamond Head, or by pump stations . City policy discourages permanent pump stations , 3 unless there is no feasible alternative. The Board determined that Plan policies regarding protection of water quality in the lake and the bay including vegetation on the bank above the bay, would preclude 7 installation of a line in the lake, and that construction in the bay buffer area should be avoided where possible. Evidence was presented that the shallow depth of the sewer line near the bay inlet could cause potential safety hazard to swimmers and boats . The applicant should pay all installation costs . The City should investigate a mechanism to provide for user subsidy of ongoing • costs as well . All installation to be to Department of Environmental Quality requirements . • :ge 9 PD 3-85/VAR 11-85/VAR 12-85 • VAR 13-85/VAR 17-85 3202P/SY/mas 0U53 jJ • 1 Sidewalks - Property line sidewalks should be provided on one side of Village Drive and on all 2 other streets . Sidewalks may meander to avoid trees and topographical features . 3 111 5 . An ODPS is not required. An ODPS is required when a 4 single site or contiguous sites under a single ownership will be developed in phases . This project 5 is Leung platted in its entirety at this time. All contiguous parcels under the applicant ' s ownership 6 are included in this application. Parcel B is platted as a tract in manner similar to open space 7 tracts , and all access and utilities to this parcel are included in the plat . 8 REASONS AND CONCLUSIONS• The proposal can be made to comply with relevant criteria 10 through application of certain conditions. 11 ORDER IT IS ORDERED BY THE DEVELOPMENT REVIEW BOARD OF THE CITY OF 12 LAKE OSWEGO that PD 3-85/VAR 11-85/VAR 13-85/VAR 17-85 be 13 GRANTED , and that VAR 12-85 be DENIED . Conditions- necessary 14 for full compliance with City Codes and Standards are : 1 . A reproducible duplication of the final plat shall 15 be submitted to the City which clearly depicts : 16 a . setbacks for all lots as follows : • 17 - rear yards shall be a minimum of 25 ' and shall be drawn on the plat . 18 - side yards may be reduced below the 19 required 10 ' but to not less than 5 ' as necessary to allow placement of dwellings 20 to preserve trees over 8" in diameter , or to avoid areas of slope . The reduction 21 in the setback shall be the minimum necessary to site a dwelling on the lots , 22 and shall not be presumed to be an automatic 5 ' . Viewlines to the lake and 23 to Mt . Hood from interior lots shall be considered in placing dwellings; 24 - front yards may be varied between 10 ' and 25 20 ' . The reduction in the setback shall be the minimum necessary to site a 26 dwelling on the lots , and shall not be Page 10 PD 3-85/VAR 11-85/VAR 12-85 VAR 13-85/VAR 17-85 3202P/SY/mas - • � u54 1 presumed to be an automatic 10 '.. Front yard setbacks may be reduced to 5 ' for .2 lots within the Distinctive Natural Area , for lots fronting the Lily Bay if necessary to site those dwellings outside • the protected buffer area . 4 Requirements for side and front yards 5 shall be printed in narrative form on the plat . 6 b . sidewalks and all utility easements as 7 follows: 8 Six foot public utility and sidewalk easements shall be shown along both sides 9 of all 40 ' right-of-ways on the final plat . Easements and plat notes shall be 10 required for all utilities crossing private property . The easement may be wider than 6 ' if necessary to preserve trees or other natural features . 12 c . all areas designated as "protection natural 13 areas" and "wooded distinctive areas" and a narrative description of the restrictions 4 pertinent to each ; 15 d . all common open space areas ; e . public viewpoint . 17 f . No access strips shall be shown along Summit on Lots 10 , 11 , 12, 13 , 2 and 3 of i8 Block 5 . Lot 1 and Lot 2 , Block 1 shall show a no access strip along Summit and 30 ' 19 along Village Drive measured from the Summit intersection . Lots 9 and 10 , Block 20 5 shall show a no access strip along Village Drive. 21 g . The driveway serving Lots 10 , 11 , 12 , 13 of 22 Block 5 shall be shown . The driveway will be built to a standard which includes a 20 ' • 23 wide all weather surface. All curves shall have a 45 ' turning radius to allow access 24 by fire truck . A turnaround shall be provided if the driveway is curved, and 25 exceeds 150 ' in length . The CC & R ' s shall recognize this easement and provide for its 26 maintenance . ?age 11 PD 3-85/VAR 11-85/VAR 12-85 VAR 13-85/VAR 17-85 • 3202P/SY/mas 0U5 5 1 • 2 . Protection natural area covenants providing for 100% 2 restriction against cutting of trees and vegetation • shall be applied to the rear of Lots 3 - 7 , 9 - 21 3 and Lot 26 and 27 of Block 5 as shown by the dashed line on the preliminary plat ( Exhibit B ) . Lot 27 to III 4 be added to this area with the location of the line to be determined in the field by the applicant and 5 staff . 6 3 . Each building permit on Lots 1 - 9 , Block 4 , and Lots 9 - 21 , and Lots 3 - 7 of Block 5 shall include 7 a tree survey of the lot area outside the 100% restricted area , and shall be allowed to cut only 8 those trees necessary to allow construction of house , garage and driveway area , to total not more 9 than 30% of trees on the buildable portion of the lot outside the 100% restricted area . If 10 impractical for building, the plan shall be submitted to the Board for review and possible 11 excepti'on . 12 4 . Erosion control plans shall be submitted to staff with construction plans showing how erosion will be 13 controlled, how construction impacts will be minimized, and how reclamation will occur for 14 street , utility or storm drainage construction in common open space , protection natural areas , stream 15 corridor , and wooded distinctive areas . Particular care shall be taken to prevent erosion and restore 16 the area disturbed by sanitary sewer installation in III the protected area along the bay. All design shall 17 minimize location of lines within protected areas , minimize disturbance of topography and vegetation , 18 and include restoration plans showing native plant materials . 19 5 . The stream channel be enhanced to carry the proposed 20 runoff without erosion , and provide a dense vegetative filtration system. The design and 21 proposed plantings for the storm water filtration pond shall be submitted to staff for review . The 22 storm drainage system shall include oil separation pollution control devices . 23 6 . The viewpoint design be submitted to the Development 24 Review Board for review and approval . The design will include measures to mitigate conflicts with 25 turning movements at the intersection of Village Drive and View Lake Court . 26 Page 12 PD 3-85/VAR 11-85/VAR 12-85 VAR 13-85/VAR 17-85 3202P/SY/mas III • - r 0( aEi, . 7 . Height and setback restrictions shall be shown on the final plat as necessary to maintain viewlines 2 from the public viewpoint . • 8 . A street tree planting plan be submitted for lots 3 with no native trees within the front yard setback . Such plan shall show native species spaced correctly for the species . 5 9 . The buffer along the Lilly Bay is approved with the 5 following conditions (based on Exhibit aq ) ; a . The right-of-way on Bay View Lane be narrowed to move the applicant 's buffer line westward for 3 Lots 8-13, Block 2 and front yard setbacks of 5 ' are permitted on Bay View Lane as necessary to allow buildings to remain outside the buffer area. 10 b . Theul-de-sac at the end of the Bay View Lane ii be redesigned as a hammerhead , allowing building sites on Lots 14-17 of Block 2 to be pulled away 12 from the peninsula . Staff and the applicant to reach an agreement acceptable to both , or the 13 matter should be brought back to the Development Review Board for resolution . 14 c . At the north end of the bay, the buffer line should be widened to follow the rear lot lines of Lots 4 , 5 and 6 , Block 2 . Lot 3 , Block 2 is to be relocated elsewhere on the site The lot line on Lot 1 is moved to the west . 17 10 . An inventory shall be performed by a qualified plant =3 taxonomist or other qualified professional during the 1985 growing season to determine whether 19 Howellia aquatilis or Delphinium leucophaeum are found on the site and to recommend measures for 20 protection for any located outside identified protected areas . _l 11 . Streets shall be constructed as follows : '2 . a . Summit Drive be constructed as either option 13 1 or 2 as identified on page 13 of the May 14th staff report . All construction be to at least minimum City Standards and codes . The applicant is to construct all short term improvements to 5 .5 age 13 PD 3-85/VAR 11-85/VAR 12-85 VAR 13-85/VAR 17-85 4110 3202P/SY/mas 0 : 57 ,. ■ • Summit/Iron Mt . as identified in the traffic • study, and also the widening of Iron Mt . on the 2 north side opposite Summit Drive as proposed in the traffic study. 3 •b . The intersection of Summit Drive and Iron Mt . 4 Boulevard shall be improved as requested by the County in Exhibit Y . 5 c . A reconnaisance study for the Summit Drive/Iron 6 Mountain Boulevard intersection improvements will be provided by the developer within six 7 months of the date of this order . The study shall identify options and provide cost • 8 estimates for the long term realignment of the intersection of Summit Drive and Iron Mountain 9 Boulevard. The developer shall pay his proportionate share of the costs of the 10 improvements as identified by the agency with jursdiction. 11 • d . The procedure for street widening be initiated 12 by the applicants prior to submittal of constructon plans . i3 e . Interior streets shall be constructed as shown 14 on Exhibit H . Design shall include 5 ' property line sidewalks on one side of Village Drive and 15 other streets . Sidewalks may meander to preserve trees or other natural features . • 16 f . A street lighting plan shall be submitted in 17 conformance with the street lighting standard . 18 12 . All construction drawings shall be to City codes , standards and specifications unless approved 19 otherwise by this action. 20 13 . A protective buffer area restricting removal of vegetation shall be established along the Lake 21 frontage of Lot 28 , Block 3 . The buffer shall be worked out between the applicants , staff, Lake 22 Corporation representatives, Conservancy Commission , and Audubon representatives . The buffer area shall 23 be shown on the final plat and included in the section of the CC & R's which applies to protection 24 of lots along the bay. Construction of a stairway to the Lake to be allowed subject to approval of the 25 Lake Corporation . Plans shall be submitted to the 26 Page 14 PD 3-85/VAR 11-85/VAR 12-85 VAR 13-85/VAR 17-85 3202P/SY/mas • 0 U 5$ • _, n 1 1 City for review. Such plans should provide minimal removal of vegetation , avoid trees over 8" in 2 diameter , and provide restoration plans as • necessary. The provision of the CC & R ' s shall be expanded to apply to Lot 28 , Block 3 . a 14 . The applicant will work with staff to transfer 5 densities and to modify lot lines as necessary to eliminate conflicts of building envelopes with 50% slopes and natural resources areas so that densities 6 will not be affected . Conflicts which would result in increases in overall density shall be returned to 7 the Board for resolution . 8 15 . A certified arborist be retained to investigate the feasibility of selective cutting to allow enhanced 9 sunlight and view opportunities within Lots 16 -18 , and 20-22 of Block 3 . The study to be presented to 70 the DRB.d for review and ap proval . 71 16 . No tree cutting or removal of vegetation to be 12 allowed on Parcel B until approval of a development application on Parcel B. 13 17 . That a soils and geological reconnaisance shall be performed on a lot-by-lot basis to: 14 a . recommend basic residential foundation support • and soils requirements; 16 b. identify individual lots that may require review of foundation plans and/or site specific 17 investigation studies ; 18 c . special inspection of foundation excavations . 19 Soils investigation studies will be required for any foundation footprints ( including deck ) that covers a 20 50% or steeper slope . 21 18 . The sewer design be revised to utilize two pump stations ; one in Block 3 and one in Block 1 . The 22 pump in Block 1 to be relocated from Lot 1 to the access area of Lot 3 . Sewage pumps and pump 23 installation to be provided by the developer . Electricity and maintenance costs to be borne by the 24 Homeowner ' s Association, or other mechanism developed to assess those benefitted. 35 '_6 'age 15 PD 3-85/VAR 11-85/VAR 12-85 • VAR 13-85/VAR 17-85 3202P/SY/mas OU59 1 19 . All driveways to be designed with turning radii as required by LOC and with driveway slopes of 20% 2 grade or less . Driveways shall be at least 20 ' in length from the back of the sidewalk to the garage • 3 door unless the driveway is located parallel to the frontage. 4 I CERTIFY THAT THIS ORDER was presented to and APPROVED by the 5 Development Review Board of the City of Lake Oswego . n DATED this 8th day of July, 1985 . 7 / ?4i % I '-. Richard Hutchins , Chairman 9 Development Review Board 10 .> • 11 924C // . ,Yo n Se retar 9. Y / 12 13 ATTEST 14 AYES : Wright , Martindale, Hutchins, 3lackmore , Finch NOES: None 15 ABSTAIN: None ABSENT: Glasgow, Eslick 111 16 17 18 19 20 21 22 23 24 25 26 Page 16 PD 3-85/VAR 11-85/VAR 12-85 • VAR 13-85/VAR 17-85 3202P/SY/mas • 1 Jan-03-00 03: 41P Walter H . Knapp 503-646-4349 P.01 Walter H. Knapp Silviculture&Forest Management Urban Forestry 4111 7816 SW Dunemulr Lane Beaverton,OR 97007 Phone:603-64613/8 Fas:503-646-434f Fax To Sandy Ingalls Promo Wafter H. Knapp • Fauc 635-0269 pato; January 3,2000 Phone: Pages: 2 Re: 1519 Lily Bay Court CC: - Sandy, here's the letter. Hope It clarifies the questions re'Uly Bay Ct. \ 4*\14V 4111 RECEIVED EXHIBIT 12 CITY OF LAKE OSWEGO LU 99-0066 4110 Dept.of Planning&Development pc.. '"' 0Iu: G1 -. , Jan-03-O0 03:42P Walter H . Knapp 503-646-4349 P . 02 Walter H.Knapp .S ioicuaure A Forest Management Urban Forestry 4110 January 3, 2000 Mr. Brad Gearhart Preferred Homes 1918 Runnymeade Court Portland, OR 97229 Dear Mr. Gearhart This letter su lements letter of December 27, 1999, regarding trees on 15199 SW pp m y Lily Bay Court in Lake Oswego. As requested, 1 have listed my observations and recommendations regarding the siting of the proposed house on the property. Please understand that these are general considerations, and that specific details will need to be worked out on the ground during construction. to general, it is more difficult to protect trees at the front of a property This is due to the concentration of construction activities in that area, which often results in damage, especially to roots. Thus, it is often more effective to move the structure forward on the property to allow more room for protection of trees at the rear of the lot. In this situation, the bigleaf maple trees at the rear of the lot are not as important to the site as the large Douglas-firs, which are all in good condition. Based on the site drawing, • it appears that moving the building forward on the lot would jeopardize the 24-inch Douglas-fir at the northwest corner of the site However, if the garage is rotated clockwise, the house could be moved forward without adversely impacting the tree I also recommend that standard tree protection measures, including use of chain link fencing, should be used to minimize damage to the trees that are to be retained. Please let me know if 1 can be of further assistance on this project. Sincerely, /417/. . Walter H. � Certified Forester, SAF Certified itrburisr, 1S/1 CC; Richard Breakiron Sandy Ingalls, City of Lake Oswego 7615SW1)unsmuirLang€c'e +11�*/0E one/Far:(503) 646-4349 CITY OF LAKE OSWEGO re) 12 Dept.of Planning&Development ✓ t+ , • .,..10,1 <::•1.- ' 't",••••,4",- 1.11 ta btil. 4;:4.4.'" ,''''•;,"'..riP144-rz• 17 ' VA •-•,, 4 • • I . tl kf,,,i si V,.. _,(*.-;14/4,,;"; 01,i'•; ; :,' • 44 -'d1 :L., li,„,' f 4i•.-S 1,-t el 14.1; 4,..ii ,z,,--lv ,,91/44- i, i ,. .• • - i /fr • ••••'xi' I i r , t. . hoe ITA\ /-..-:- - 4/ i t:' )7 •"0 A.' .,,,,„,;•-../-00s,f,,,n4.,..i-itka-4,j..111 t ' 1 • ,Alt 'itAvi mar !I t -3' A./4/.. , 'J 07,c.L., 4,--.•.-F-:,,,4 \.: ', - IA 6'",-- 1 '. #• le):r.(1711kIk ipl • .\\0,- ' 16 i• i "I'm /...L.w 4 eqi.:•11•,"--4t.. ii I.,., •.1 . , •.i -4 t• ig.-1 , , - -rs::: ' '',, t.;,ti,d lititillii. -.44'• v ••, '1::.,.!•• . ,. /7111(ft1P. 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CRN4.8PACE tb --- „ ‹ ///D T p /�f ID'-6' _ 6.-.:_V_I'-II'4• 4,1'.10' — J 7 It WQ I I I I4tI�QI 61 III P i � � �!I ;� � • • ' �I 1 9 I -- — -s7J7xtm 111 `� — - - - - 11• . .381 1' — _.. T —1 T 14..0' l 's - 7 x 10•IL'ailiQ .- _ _ _ _ J O l 111 Si• (7 9 i t 111^ CRAWLSPACE i 1b R. io `,Ns �` JI I III^ 36•X36'XI6 '^ da r (7/7%10 111� CONC.FTG. L- m `s� .„ I iii .,.`�_.� 1I.. \ ° I { T \ f- -- • . I 5,41. _„[__, `-, �, cw.LxAce r==jn1 1= I �f `�.` _ L__ _ . - - , _ _ '- --_1 .—..--.. _._... Y 4'GCTIC BLAB W/OPTIONAL 6 x 6I ``�� ♦ N 10'T WWTT.LN 4'G11/(2)AR FILL. ss` q'THICKEN BLAB W/(T!'4 OARS • 140RIZ ,CONT.TIED TO FND WALLS I I I 71. Ls AT GARAGE DOOR OPENINGS. ,/ r ,/ I I p e —. 1 'p t 3a',its'xa' 3H'x30'- 1 . ' t-. FTG CONC.PTG. e. `� < ` ,f J I r• t4 • �.` ,' ,•' `.J 0 I I • . ..�. RECEIVED Mm 1 23 O CITY OF LAKE OSWEGO • Dept.of Planning&Development Request for Modification of Land Use Decision 99-0066-1355 1. This application does not request to change the spirit of the DRC approval with respect to saving trees. This request is meant to accomplish the same intent with different methods of construction rather than simply using a standard setback. These changes are supported by an arborist after on-site inspection. 2. All tree numbers in all enclosures use the numbering system used in the final DRC approval to avoid confusion. • 3. The first two enclosures are site diagrams. The first diagram shows the lot in its entirety with the second diagram showing a greater detail of the trees in proximity to the foundation. The following summarizes the legend for the first enclosure: > trees A-E and tree numbers 8, 12, 13, 14 are marked with an"X" as previously approved for removal; > tree no. 11, marked with a dotted circle, as previously approved for removal upon the City Manager's satisfaction that mutual agreement has been reached by Mr. Franklin and Mr. Gearhart; ➢ trees numbers: 1,2, 3, 7, 15, and 16 circled with new requested proximity limits; and finally > tree number 9 marked with a square as the only tree to be added to the tree removal list based on its present health and condition. 4. The issue concerning the drive access was resolved per the attached letter (enclosure 3). Nonetheless, the DRC approval gives specific language concerning the proximity of the driveway and other building structures to specific trees. In the meeting with the city and Mr. Franklin,the city staff and attorney agreed that tree no. 11 could be removed to accommodate the rotation of the house and garage. 5. Enclosure 4 is the follow-up tree report by arborist Walter Knapp. He gives specific guidance with respect to alternate building procedures that will protect the specific trees in the original approval other than the 10-foot setback limit. 6. Mr. Knapp's guidance is summarized as follows: - Trees No. 1, 2 and 3: By using a base of 2 inch size clean drain rock for a driveway base, the access driveway edge c an come within 5 feet of the center of these trees - Tree # 3: The foundation will be 1 foot closer than the approved 10 feet and so hand digging is recommended in the 9 to 10 foot range with adequate root protection(Styrofoam) if encountered. (Note: This closer proximity results from rotating the garage further away from tree#7.) - Tree# 7: The foundation will be within 5 feet of the center of the tree. A grade beam will be used to bridge the root zone in accordance with the recommendation of the arborist report. (Note: This proximity results from rotating the garage to accommodate the new access driveway.) - Tree#9: Previously identified in the original report as a poor specimen tree. It is now being more strongly recommended for removal by the arborist report. Request permission that this tree be approved for removal and mitigation trees be planted in the immediate vicinity. (Note: The same EXHIBIT 9 LU 00-0049 construction techniques that will protect tree 15 will provide protection for tree 9 if not approved for removal.) • - Tree#15: The foundation will be 7 feet from the tree rather than the previously approved 10 feet. A grade beam will be used to bridge the root zone. In addition, the deck can be closer to the tree and be built beneath the tree with no impact. The comment regarding the deck also applies to tree number 21. (Note: The rotation of the garage and house and redesign of the building footprint allowed the foundation to be over 2 feet further away from tree 15.) - Tree#16: The tree will be within 6-feet of the foundation,but the tree is elevated 3-feet in grade above the foundation•grade, so normal care during construction, including protective fencing is the only recommendation to be less than the 10-foot previously approved limit. (Note: The rotation of the house to accommodate the garage,the foundation moved approximately 6" closer to this tree. 7. Request that the above construction techniques be approved as substitutions for the previously established 10-foot limit. The effect that this limit was meant to achieve, protection of the specified trees,will be accomplished through the greater protective construction techniques outlines above. Once again these techniques are recommended based on on-site visits of the arborist. The arborist will be available during construction as needed. 8. In addition, request that the DRC acknowledge the removal of tree no. 11 in accordance with condition number 3. • 9. Request the DRC approve the removal of tree number 9 as a potential hazard tree due to its poor health as documented in the arborist report. 10. Finally, request the DRC approve the side yard setback on the west side yard be reduced to 9-feet from 10-feet to accommodate the rotation of the house to allow the west side of the house to be 2 feet further away from tree number 15. This reduction is within the authority of the staff and DRC for the purpose of saving trees. The authority allows a reduction down to 5 feet. This reduction will allow a 1-foot encroachment for approximately 5-feet at the corner of the utility room. This reduction is consistent with the previously approved front yard setback reduction for the purposes of rotating the house and garage. 11. Questions concerning this request for modification should be sent to Richard Breakiron at(503) 780-1121. • „s, 1 , 0 • April 10, 2000 City of Lake Oswego Community Development Department ATTN: Hamid Pishvaie and Sandy Ingalls 380 A Avenue PO Box 369 Lake Oswego, OR 97034 RE: LU 99-0066; and Letter from Lake Oswego dated March 9, 2000 Dear Hamid and Sandy, 1. I am responding to the letter and subsequent meeting with Lake Oswego staff and Mr. Franklin and Greg Lukje, and my attorney, Richard Breakiron, my consultant. At the meeting is was agreed that a separate driveway could be put in on the flag pole portion of my property as long as trees Nos. 1 and 2 were not required to be removed. During construction, on-site protection measures would be required to protect these tress consistent with the associated conditions of approval. In addition it was also agreed that tree no. 11 could be removed due to the need to rotate the garage consistent with the DRC decision. • 2. Mr. Franklin agreed that he would withdraw his appeal upon receiving written notification the city that a separate access would be allowed. r�L9a1/� 3. Enclosed is a new plot plan of the revisions with the new driveway. An application is being submitted this week to ask for a design review modification to accommodate these changes. As can be seen however, trees No. 1 and 2 are not to be removed. 4. The request for modification of the approval by the DRC is being finalized. The nature of this modification is to provide an alternate to the condition to have now building footprint or alternate driveway location be closer than 10 to adjacent trees. Specifically, the alternate driveway will be closer to tree nos. 1 and 2 than the 10 feet required. In addition, even though the foundation can rotate away from trees nos. 9, 10 and 15, it will still be closer than the 10 foot limit. Tree no. 16 will also be closer than the 10 foot limit. Note that all of the above mentioned trees are of significantly higher elevation than the foundation that will be constructed. We will provide sufficient alternate protection measures, in accordance with certified arborist guidance,that will ensure the survival of those trees, which is the intent of the decision by the DRC. • . 1 „ 1 5. A copy of this letter and subsequent modification request will be provided to Mr. • Franklin. 6. Should additional information be required, please contact Richard Breakiron at (503) 780-1121. Sincerely, Brad Gearhart Preferred Homes FF ice. - /.�Cl/GG°6lj-, CC: Richard Breakiron Howard Franklin Greg Lukje • • ;. � :, 2 May-18-00 1O :O4A Walter H_ Knapp 503-646-4349 P _O1 • • Waster H. Knapp Silviculture d Fares;ifana emenr Urban Forestry April 26, 2000 Mr. Brad Gearhart Preferred Builders 1918 Runnvmeade Court Portland, OR 97229 • • Dear Mr. Gearhart: • Recently, I evaluated the effects of plan modifications on the trees at 15199 SW Lily Bay Court in Lake Oswego. Richard Breakiron accompanied me on this sire visit and described specifics of the revised plan. My observations and recommendations regarding the trees are as follows: + Tree Protection. Chain link fencing should he used to protect all trees that are to be retained on the site. The fencing should be placed at the dripline or beyond where possible. In situations where there is not sufficient room for this,you should place the fencing as far from the tree as possible to protect tree roots and • trunk. + Driveway Construction. I recommend that you use a base of 2-in.-plus clean (drain) rock as a base tiyr the driveway. This will provide aeration to tree roots and minimize construction impacts on tree#1, a 10-in. dhh Douglas-fir, and tree #2, a I 2-in. Douglas-lir. These trees are located at least 5- 1. from the edge of the driveway, an adequate distance for protection. • Tree#3: Douglas-fir 26-in.dbh. In the redesign, this tree will be about 9-ft. from the foundation. I do not think that a grade beam or other foundation modification will be needed. However, the foundation should he hand dug in the vicinity of the root zone, and the foundation bridged over any large roots, Furthermore, large roots should he covered with Styrofoam or other similar material to allow for root growth and expansion, and to prevent foundation damage. • 'free#7: Douglas-fir 24-in.dbh. I examined the tree to determine condition. This included two exploratory drillings to search for decay or defect and binocular examination of the upper mink. No defects were found. I recommend that shrubs and vines (English ivy) should be removed from the immediate vicinity of the tree and the trunk. To protect the roots, a grade beam foundation should be used, with the piers a minimum of 5-ft. from the center of the tree. • Tree#9: Bigleaf Maple 14-in.dbh.This tree is not a good-quality specimen. It • had been growing in a subordinate position in the stand, and has characteristic low 31.1 May-18-00 10 :04A Walter- H _ Knapp 503-646-4349 P _ 02 Page 2 of 2 Lib,Hut C i. April 25,2000 vigor and deformed crown. Also, the tree is very close to the proposed house. In IP my opinion, the tree should be removed due to condition and interference with construction. it is unlikely to provide any long-term benefit. • Tree#15: Douglas-fir 211-in.dbh. in the redesign: a deck will he built beneath the tree. The deck will be supported by posts,so there will be minimal impact on roots. However,because of the tree's location close to the house, a grade beam foundation is recommended. • Tree #16: Douglas-fir 14-in.dbh. This tree wi ll.be a distance of 6-ft. from the foundation_ with an elevation approximately 3-It. above foundation grade. Normal care during construction will be.required, including protection fencing. However, no other modifications are needed. • Other Trees. All other trees on the site meet the 10-ti. distance requirement, or have been approved for removal as specified during the Design Review Committee review and approval process. Please let me know if you have any questions on these recommendations, or if I can be of further assistance on the project. Sincerely, ,2 /04*/ ' III /wit) Walter H. Knapp/ (1-r(ilieLll•lvester. ,1'Al•- Certified 4rho ist, iSA CC: Richard Breakiron Sandy Ingalls, City of Lake Oswego 7615 SW Dansnwir Lane, Rcas.enon, OR 97007 Phone/Fax: (_;03/ 646-43-19 • 4 RECEIVED CITY OF LAKE OSWEGO • Dept.of Planning&Development Request for Modification of Land Use Decision 99-0066-1355 1. The following narrative is submitted as a substitute for the narrative submitted May 19, 2000 with respect to the request for modification of the above approval. All tree numbers in all enclosures use the numbering system used in the final DRC approval to avoid confusion. 2. Based on the DRC approval, modifications to the house and site footprint were required. Please understand that this request for modification is driven by a final agreement on the access easement that was under dispute and that the spirit of the modification is to not remove additional trees. This request is meant to provide an alternative means to protect the trees during construction rather than use only a 10- foot setback. Only one additional tree is being considered for removal that was not previously approved by the first DRC approval; and that tree is being recommended for removal by a certified arborist based on his reappraisal of its current health. 3. The first two enclosures are corrected site diagrams. They reflect modified footprint to prevent encroachment in to the sideyard to the west and to prevent encroachment of the garage in to the access easement. The enclosures reflect a removal of two feet of the house footprint along the east property line and a rotation of the house and garage as approved by the DRC. The legend on both diagrams continues to be as follows: ➢ with an"X"as previously approved for removal; • A tree no. 11, marked with a dotted circle, as previously approved for removal upon the City Manager's satisfaction that mutual agreement has been reached by Mr. Franklin and Mr. Gearhart; ➢ trees numbers: 1, 2, 3, 7, 15, and 16 circled with new requested proximity limits; and finally ➢ tree no. 9 marked with a square as the only tree to be added to the tree removal list based on its present health and condition. 4. In addition, a complete set of house plans showing all floor levels is also submitted as requested and should be marked enclosure 5. These are scale drawings at 1/8"=1'. 5. The issue concerning the drive access was resolved per the attached letter(enclosure 3). Nonetheless, the DRC approval gives specific language concerning the proximity of the driveway and other building structures to specific trees. In the meeting with the city and Mr. Franklin it was agreed that tree no. 11 could be removed to accommodate the rotation of the house and garage. 6. Enclosure 4 is the follow-up tree report by arborist Walter Knapp. He gives specific guidance with respect to building procedures that will protect other specific trees rather than being constrained by the 10-foot limit in the original approval. 7. Mr. Knapp's guidance is summarized as follows: - Trees No. 1, 2 and 3: By using a base of 2 inch size clean drain rock for a driveway base, the access driveway edge c an come within 5 feet of the center of these trees • EXHIBIT 10 LU 00-0049 - Tree# 3: The foundation will be 1 foot closer than the approved 10 feet and so hand digging is recommended in the 9 to 10 foot range with adequate root • protection(Styrofoam) if encountered. - Tree# 7: The foundation will be within 5 feet of the center of the tree. A grade beam will be used to bridge the root zone in accordance with the recommendation of the arborist report. - Tree#9: Previously identified in the original report as a fair specimen tree has been downgraded to a poor specimen. It is now being recommended for removal by the arborist report. Request permission that this tree be approved for removal and mitigation trees be planted in the immediate vicinity. - Tree #15: The foundation will be 3 feet closer than the previously approved 10 feet. A grade beam will be used to bridge the root zone. In addition, the deck can be closer to the tree and be built beneath the tree with no impact. The comment regarding the deck also applies to tree number 21. - Tree#16: The tree will be within 6-feet of the foundation, but the tree is elevated 3-feet in grade above the foundation grade,so normal care during construction, including protective fencing is the only recommendation to be less than the 10-foot previously approved limit. 8. The footprint of the house was reduced by two feet all along the eastern property line. In addition modification was made to the garage and the utility room to accommodate the rotation of the house while still meeting the side yard setback and the approved front yard setback granted by the DRC's original approval. • 9. Request that the above adjustments to the 10-foot previously established limits be granted under this modification. The effect that this limit was meant to achieve, protection of the specified trees, will be accomplished through greater protective construction techniques. 10. In addition, request that the DRC acknowledge the removal of tree no. 11 in accordance with condition number 3 of their original approval. 11. Finally, request the DRC approve the removal of tree number 9 as a potential hazard tree due to its poor health as documented in the arborist report and approve mitigation trees be planted. 12. Questions concerning this request for modification should be sent to Richard Breakiron at(503) 780-1121. S e... BUJ • . t • I I 1 I 11 11 8, r ' NOOK .`' i---!'4 '"'q .r.,. lflll'''i u i WO oW-t-.. il ilia IIIi iI -- -- -- F FAMILY ....... il II" II,I III li V t lien ao� 4 _____ - .iii,ijl.II'I I'I ,�". i 'oe ACED i 6,6.w. �_ ' i:1. III111 2 I ,,I_ $ III III II -.. : ."'r a.Isirl.. rs• g I I r I I 'OI` %Jr rw„x wrr o uc•x III 1II�III - lIIII ie n s. }. 600 III; 11 ram, ' LEGEND IIiI IIII II I F ?WO' Q,•.,. i ew•ar.w a•. @ .. 11^ I z ,LY-_ ..uo.rora on.c= Re WOKE ;51 DEN L (jy DINING - Q i `Z* .u Sb PONT MALL..011.011 LA INC. Zrm!Ili mii "---•.1 ti. •t ri MI PLAN ROOM PRYING _ ;4T-i?14RI:?53iFFtr, = I I P,!rMn r _ rOb MIKKF 1'I _ , • • • ; 1 I I i11 i 4 ,, _- -- -__•.k@-_ITl \ Pe \ , „.., ; \ •_. 1 • b Y 1 eI' Y� ._. 61. -w `ems rN' r.ry III- • ' _ . .__ - . 2293t MAIN FLOOR 0 1 • •• M ..., 1 • v.., c..) I , o-N r.. v.r l } r-w •c I I I I I I I I I 1 dilhilf . 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P jji i ej rum I 141 ••••• ors 0 i 1I I 30 i i i .w.iz 1I;I. li z 1 lil 411 1 410 1 1 li° ...... .. ,..) ..k. I.. .t...., ....,.„.„i7::,,,...,! ?,, . t.....) INPI I'L C. 13•.•i I : PREFERRED HOMES ,i •77.7===7:7-77=7:7 1 .residential Consulting and Building, 1,... 13585 SW Stirrup Court Beaverton, OR 97008 • June 21, 2000 City of Lake Oswego Community Development Department ATTN: Sandy Ingalls 380 A Avenue PO Box 369 Lake Oswego, OR 97034 RE: Your letter dated June 15, 2000 concerning LU 00-0049, modifications of conditions from previous tree cutting approval. 1. Detailed narrative was provided with previous submissions. However enclosure 1 to this letter reviews this narrative in line with the compliance of the conditions of approval of the previous order LU 99-0066. 2. Enclosure 2 is an acknowledgment by the arborist concerning the amount of fill being placed around the trees. It is an addendum to his previously submitted report. He also addresses the foundation proposed for this site and has concurred with the adjustment that is being provided by Mascord for the areas near tree number 15. 410 3. Enclosure 1 contains the narrative to accompany the grading p lan. It is listed under paragraph A. 3. of the enclosure in accordance with the conditions of approval. 4. All previous site plans and elevations submitted with the application and subsequent letters are all that is submitted at this timed Cac/ask re 3) 5. Should additional information be required, or if clarification of any of the information presently submitted is needed, please contact me at(503) 780-1121. Sincerely, %a( RECEIVED Richard C. Breakiron Consultant J U L 0 6 2000 Enclosures CITY OF LAKE OSWEGO Dept.of Planning&Development CC: Brad Gearhart • EXHIBIT 11 LU 00-0049 : 1 Enclosure 1 There are four sets of conditions of approval for LU 99-0066. • A. Prior to the Issuances of the Building Permit, The Applicant/Owner Shall: 1. A summary of this condition is that the shared access easement must be resolved. As stated in the original application a meeting was held with Mr. Franklin, the applicant and his legal representatives and city manager and planning staff representatives. The agreement reached by all parties present was that a separate driveway access would be constructed along the flag pole to this lot. As the parties could not reach full agreement on the legal status of the driveway access, what it was determined that for the purposes of this tree cutting permit and decision, this driveway would need to be constructed in a way as to not require the removal of trees number 1 and 2. It was determined that tree number 11 would need vibe removed due to the rotation of the garage and the house that had been previously approved by the DRC and that its removal was not germane to the issue of the access driveway. 2. This item requires a revised site plan that shows the rotated garage and the reduced deck along the eastern side of the house, and an alternative driveway as needed and a reduction in building footprint so as these items would be "no closer than 10 feet to adjacent trees numbered 1, 2, 3, 4, 5, 6, 7, 9, 10, 15, 16, 17, 18, 19, 20 and 21 per the exhibit number 6 except as modified by the conditions in A(1). • After revision of the plan and agreements made on the driveway access, the 10-foot setback condition can be met for trees numbered 4, 5, 6, 17, 18, 19,20 and 21 or exactly half of the tress addressed in the original decision. Even after a reduction of the building footprint and rotation of the garage and reduction of the deck size, compliance could not be met for this condition for trees numbered 1, 2, 3, 7, 9, 10, 15, and 16. Therefore a request to meet the intent of the approval, protection of the trees by alternative construction means has been submitted. Trees number 1, 2, 3, and 7 are impacted by design modification approved by the DRC to rotate the garage and the house. By rotating the garage, the access to the garage can weave its way down from the public street skirting past trees number 1 and 2. Further this rotation was meant to get the garage between trees number 3 and 7. An equidistant setback of the garage from both trees was not possible in order to maintain reasonable ingress and egress to the garage. In addition, any further rotation of the garage impacts the front yard setback and the access easement limits. Therefore; based on the meeting with the parties of the access easement issue and that resolution and as recommended by the arborist report dated April 26, 2000 and subsequent addendum to his report dated June 22, 2000, we are requesting a modification to this approval to allow the driveway to be closer than the 10-foot setback for trees 1 and 2 as • , . 2 I originally approved by the DRC and to allow the garage to be closer to • trees number 3 and 7 due to the rotation approved by the DRC will not allow for a 10-foot set back. Once again the arborist reprot and addendum addresses specific actions to be used as the foundation or driveway are built closer than this 10-foot limit. In the case of the driveway, he has stated that the driveway must be built with a base of 2-inch size or better clean drain rock. As the driveway is going to built up in grade he has further supplemented this guidance by saying that two foot of rock should be no problem and that the edge slope along the driveway should be of this same type and size of rock. Only the surface of the driveway should be paved. In the case of tree 3 we are only within the 10-foot setback by I- foot and only then for a space of approximately 10 feet. He has stated that the foundation should be hand dug within this limit. In the case of tree 7 we will be within 5 feet of the tree. In this area, he has recommended a grade beam as a method of not having to disturb the root system. All of these reconunendations have been put in to the construction drawings. Further chain link fence will be put in place around all of the trees at the appropriate limits, prior to any activity on site. Finally it should be noted that while an equidistant setback arrangement could into be met for tree 3 and tree 7, tree 3 is the larger of the two trees and tree 7 is farther away from any other structures on adjacent lots. Tree number 11 is being noted for removal under the provisions of • condition A(l) which allows for its removal on the City Manager has been satisfied that the driveway has been modified,"retaining as many trees as possible . consistent with the vehicle access needs to the property and dwelling but preserving the trees in the area to the extent possible." Tree number 9 was originally identified in the first approval process as only a fair specimen tree. The arborist report dated April 26, 2000 has now identified "not a good-quality s ecimen...and has characteristic it asg q ty P low vigor and deformed crown". The aroborist has recommended its removal due its general growth deformities and its ultimate proximity to the proposed house. Per our application for modification, we are requesting approval for this tree to be removed based on this updated report. Tree number 15 has both the deck and the foundation to address. The deck proximity to the tree has been addressed by the arborist report as well. As "the deck will be supported by posts, there will be minimal impact on roots". None the less,the deck was reduced in size by three feet where it approaches the tree. By rotating the house and reducing the size of the house by 2 feet along this side of the house, the closest that the condition of 10-foot setback could be met was to be 7 feet. If one would impose a 10-foot setback over the recommended footprint at this point • there is approximately 21 square feet of encroachment. This is out of an w 2 ,J 3 1 1 area of 310 feet that is represented by the 10-foot radius around the tree. This tree is also approximately two feet higher in existing grade than the existing grade of where the foundation will be located. The arborist has recommended a grade beam for this area. This recommendation has been incorporated in to the construction drawings, but needed to be further supplemented by the interior wall of the lower floor being at least 10-feet away from the tree as there is a daylight basement level to this home. This construction item had been overlooked by the arborist. He has further commented on this issue in his addendum. Effectively, a grade beam will ride above the existing grade for the section of foundation that would be within the 10-foot setback. The lower floor will be constructed slab on grade per the plan submitted. Once again the intent of the DRC approval of protecting the tree is being accomplished, and in this case very little, if any -just what is need to set the grade beam, disturbance of the ground within the 10-foot setback will occur. Tree number 16 is also conditioned with a 10-foot setback. In this case the arborist report states, "This tree will be 6 feet away from the foundation, with an elevation of approximately 3 feet above the foundation grade. Normal care during construction will be required, including protection fencing. However no other modifications are needed." Once again, this modification request is to adjust the setback limit on this tree to 6 feet with the guidance provided by the arborist. 3. This item requested a grading plan showing the minimum excavation and fill • around trees that are to remain. This plan was submitted in the last letter to the city, but added narrative was requested to accompany the site plan. The following is that narrative. The general grade of the slope is identified on the site plan. It shows that the flag pole portion of the lot is roughly a slight ravine leading down to a level area near the north property line. The grade then has another swale roughly in the middle of the rest of the lot that runs from the northwest corner to the middle of the south property line. Due to the relative grade of the flag pole to the existing street and curb, the flag pole portion of the lot will have only the existing shrubs and vegetation removed to allow for the recommended drain rock to be placed. The garage slab area will also require only and then will also be mainly filled rather than excavated. The foundation wall along the west property line (under the kitchen and utility room) will be stepped down from the back of the garage until reaching the final graded needed for the basement floor slab. Once again minimal excavation will be needed as the area underneath the utility room and dining room will basically be deep crawl space. Part of this excavation will occur naturally as the tree stumps are removed for the trees that have already been approved for removal (12, 13, and 14). The center of the lot will be excavated to allow for the staircase to come down to final grade. • i .i.4 - I Minimal excavation will occur at the front foyer or living room area(north part of the foundation). Finally under the den,the lower floor interior wall will be held back to be at least 10-feet from tree number 15. Excavation will be down to the grade needed for the basement slab. This area should have minimal excavation as this is the lowest part of the lot and the basement slab was set to be as close to this existing grade as possible to minimize excavation. This narrative completes the condition 4. A landscape plan will be submitted as required by this condition prior to the issuance of the building permit; however, it is not submitted at this time as a request has been to modify the previous approval which will impact the final design of this plan. B. Prior to the Removal of any Tree, the applicant/owner shall: 1. Flag tress to be protected withbright flag ribbon tied around each tree. This will be accomplished upon final determination of this approval. 2. Walter Knapp will be the certified arborist to supervise the removal and protection of all trees on the site throughout the construction process. C. Immediately following the removal of the trees, the applicant/owner shall: 1. All of the items listed in the approved conditions will be complied with. 2. All of the items listed in the approved conditions will be complied with. • D. Prior to approval of the final building inspection, the applicant/owner will: Install all landscaping as approved by the landscaping plan. Once again, this item will be complied with. • j- 5 Jun-23-O0 12 : 12P Walter H_ Knapp 507'-646-4349 P_ 01 Walter H.Knapp • SaricmImre Forest,Management Urban ti rcmy June 23, 2000 Subject: Additional comments for construction at 15 199 SW Lily Bay Court with respect to tree protection Reference: City of Lake Oswego —Community Development Department Letter of June 15. 2000 — Sandy Ingalls Two concerns were raised in the referenced letter: (1 ) the amount and type of fill being placed around trees, and (2)the type of foundation proposed for the site. Fill Material. The approach recommended for this site is to use 2-inch plus clean drain rock base over the native soil in the driveway. Compacted rock side slopes will he left exposed, using a 2;1 side slope. The large exposed surface area will permit air circulation to the root area as necessary for tree respiration. Water will readily percolate through these side slopes into the root zone. Additional soil moisture will percolate through the driveway surface as well as lateral downslope movement through the soil profile. The approach described above has been used successfully with application of several feet of fill material. I do not anticipate adverse effects if the recommendations are • followed on this site. On this site, all of the remaining trees will be higher in elevation than the proposed construction work. Therefore, with the exception of the area adjacent to the driveway, there should be no need to fill next to any of the trees beyond the limits established in my original report. Foundation. In the area of the grade beam near tree*15, where the daylight basement exists, the lower floor foundation wall will need to be set back 3 feet to meet the requirement of the original decision. I have been told that this adjustment is being made to the foundation plan. Other Excavation Specifications. All excavation on site should be done by pulling soil in to the building envelope and away from the exterior. All excess soils should be removed from site. Minimal soils should be need on site for back fill. 4/1,Walter H. Knapp Cerrilied!ore.r1er, Certified.trhori.it, 1.5,1 PN0497 7615 STV Dunstnttir Lane,Beaverton, OR 970/17 Phone/Far:(503)6J4-J3J9 • r-atJC/d5u(e+ a rmu'i . liter I r rnn IYU. • 14JUJGJJ.76it+ n..y. - - _ RICHARD C . BREAKIRON FACSIMILE TRANSMITTAL SHEET TO: FROM: Sandy Inglis Richard C.Breakiron COMPANY: DATE: City of Lake Oswego 08/08/CO 1jAX NUMBER RECIEPIENT: TOTAL NO.OF PAGES 14CLUDLNG COWER: (503) 635-0269 3 pages - PHONE NUMBE RECEIPIF.N T: PHONE NUMBER SENDER (503) 635-0290 (803)64 32OO (503)780-1121 (CAlular) RE, FAX`'UMBER RECIPIENT: LU 99-0066 (703)993-3980 OYES/COrM 1:>ti'TS: Sandy, Here is the information provided as a response to your latest letter concerning the above application for modification. • Richard Cc: Brad Gearhart .S -.,.. gra7 .vo. " -) A Y, 2000 t . ;1.ai Pianninva avai:pment • 310 CHARDONNAY LANE A1KL•N, SC 29103 EXHIBIT 12 LU 00-0049 , f. � A. Residential Consulting and Building, Inc. 220 Chardonnay Lane Aiken, SC 29803 August 3, 2000 City of Lake Oswego Community Development Department ATTIC: Hamid Pishvaie and Sandy Ingalls 380 A Avenue PO Box 369 Lake Oswego, OR 97034 RE: LI.i 99-0066; and Letter from Lake Oswego dated July 13, 2000 • Dear Hamid and Sandy, I am responding to the above letter. I am very concerned at this point that information that I am submitting is not being understood. In addition,new material is being asked for that is outside the scope of the modification that is being requested. The previous letter asked us to specifically address the conditions of approval of the DRC. The narrative submitted June 21, 2000 did just that. Here are my comments concerning your latest letter: a. (Bullet 1,Page 1). In the narrative of previously submitted letters, it was stated that no materials are to be stock piled during construction. All excess • excavation soil will be trucked from the site. All excavation is to be from the foundation limits and pulled in to the center of the building envelope. There will be no fill material stored on site and absolutely no fill placed near trees. All material excavated will be excavated to the center of the building envelope as stated in the June 21, 2000 letter. b. (Bullet 2,Page 1) See paragraph a. above. c. (Bullet 3,Page 1) The most recent submission discusses the issues of how trees that are close to the foundation will be impacted. The arborist provided extremely specific guidance as to how to manage construction procedures with respect to those trees. Please review the detail provided in paragraph A.2 and A.3 of our submission dated June 21, 2000 and the arborist report that accompanied this letter. It addresses the issues of this bullet in your letter. d. (Bullet 1,page 2) This is the first time this issue has been discussed. If it is important now,why wasn't it brought up earlier. Other than the trees being removed,no pruning of remaining trees is planned. The Doug firs that arc close to the house on site have branches that start well above the height of the house. Further in paragraph B.1. of our letter dated June 21, 2000 it was stated that Walter Knapp will be on site during the construction process. e. (Bullet 2 page 2)You are requesting an arborist report on the health of ALL trees on site. An original report was submitted on the first tree cutting permit request_ An approval was granted based on that original arborist report. The supplemental arborist report only addresses those trees for which an exception • i ,i ; • to the original report is being requested. There is no need to provide additional detail than on the trees for which an adjustment is NOT being requested. Additional detail was provided on tree#9, not on tree#15 as your latest letter stated. This additional detail on tree#9 was provided as the arborist is updating his original evaluation and recommending it be removed. f. (bullet 3, page 2)The tree protection plan was discussed in the narrative in several submissions. The original approval states very clearly that the applicant must follow the city code in this area. Showing this on a site plan adds no relevant information. g. (Bullet 4,page 2)Driveway construction was already discussed in detail in the lever dated June 21, 2000. In addition the arborist report gives detail to that construction. No fill is being placed along trees bordering the driveway. The only additional detail that can be provided is that the first step on the lot will be to have certified tree removal service come in and remove the trees approved for removal. Walter Knapp will be available for verification of the methods and procedures that will be used to fell the trees in a manner that causes no damage to adjacent trees. The trees will then be removed. The low vegetation on site in the building envelope and the driveway flagpole will be removed. Trucks will then be brought in to lay down the base rock recommended by the arborist. The rock will have to be laid from the street to the building envelope to protect the trees from the weight of the trucks, I believe that the owner is willing to accept this information as his final submission. We believe the staff now has more than sufficient information to forward a recommendation to the DRC. I am trusting that this process has been done in the earnest search for pertinent information and that the latest letter was sent as a sincere effort to help clarify concerns. Sincerely, Richard C. Breakiron Consultant CC: Brad Gearhart •v ... 11. j • STAFF REPORT CITY OF LAKE OSWEGO PLANNING DIVISIOI T APPLICANT: FILE NO: Lois Moore LU 00-0074 [AP 00-14] PROPERTY OWNER: STAFF: Lois Moore Sandy Ingalls LEGAL DESCRIPTION: DATE OF REPORT: Tax Lot 4600 of September 8, 2000 Tax Map 1 S 1 E32DB • DATE OF HEARING: LOCATION: September 18, 2000 48 Oriole Lane NEIGHBORHOOD ASSOCIATION: COMP. PLAN DESIGNATION: Mt. Park R-3 ZONING DESIGNATION: R-3 I. APPLICANT'S REQUEST The applicant is requesting approval to remove two trees, a Birch and a Larch, both approximately 11 inches in diameter, TC 00-0328 (Exhibit 4). The trees are proposed for removal because they could be a danger to property and house,Exhibit 2, 3 and 4. IL APPLICABLE REGULATIONS City of Lake Oswego Tree Code (Chapter LOC 55) • LOC 55.02.080 Criteria for Issuance of Type II Tree Cutting Permits LU 00-0074 Page 1 of 5 LOC 55.02.085 Request for Public Hearing on a Type II Tree Cutting Permit • III. FINDINGS A. Background/Existing Conditions: 1. The site is approximately 4000 square feet in size, and zoned R-3. There is an existing single-family dwelling on the site. No historic designation exists. 2. The subject property is rectangular in shape (Exhibits 1 and 2). Access to the property is from Oriole Lane, Exhibit 1. Properties abutting the site are all zoned R-3. Single-family dwellings surround the site. 3. The site slopes up toward the rear of the property. The Birch is located along the eastern property line about midway along the line and approximately 3-feet west of the front corner of the applicant's house, Exhibits 2, 3 and 4. The Larch is located approximately 1 %-feet from the base of the chimney in the front of the house on the north side of the site, Exhibits 2, 3 and 4. 4. The applicant applied for removal of the trees as a type II tree removal • application. The applicant submitted the application stating that the trees were a hazard to their home and the neighbor's house. The trees are close to the applicant's dwelling. A few branches hang over the dwellings chimney and the neighbor's roof. Accompanying the application was a site plan, the tree removal questionnaire and public notice; however the required Hazard Evaluation Form for hazard trees was not submitted, nor an arborist report declaring the trees a "hazard". 6. The property was posted with a public notice sign regarding the tree removal and a letter was sent to the neighborhood association on July 19, 2000, Exhibit 4. The application notice period commenced on July 19, 2000, (Exhibit 4) and concluded on August 3, 2000, [LOC 55.02.082]. 7. The neighbors at 9 Peacock Place filed a request for a public hearing regarding the applicant's proposal along with the applicable fee on August 1, 2000 (Exhibit 5). The letter is dated July 31, 2000, Exhibit 5. A few of the issues raised by the neighbors in their letter against removal of the trees include: neighborhood aesthesis, and the nature of the hazard presented by the two trees. • LU 00-0074 Page 2 of 5 1 • B. Compliance with Criteria for Approval: The property owner is requesting approval of a tree removal permit under the Tree that is Not Dead or a Hazard provisions of LOC 55.02.080(3). Tree removals under this standard must meet the following criteria: LOC 55.02.080(3)—Tree that is Not Dead or a Hazard "The City shall issue a tree removal permit for a tree that is not dead or a hazard if the applicant demonstrates the following: "(a) The tree is proposed for removal for landscaping purposes or in order to construct development approved or allowed pursuant to the Lake Oswego Code or other applicable development regulations. The City Manager may require the building footprint of the development to be staked to allow for accurate verification of the permit application. " The property owner's reasons for removing the trees from the site are because the trees have outgrown their habitat, are too close to the house, and are becoming a danger to the structure and the neighbors roof. The Birch stands between the • applicant's and the neighbor's houses as seen in Exhibits 3 and 5, with a few branches hanging over the roofs. The base of the trunk is approximately 3-feet from the applicant's house and 5-feet away from the neighbors dwelling, Exhibit 3. The Larch with a base that stands approximately 1-V2 feet from the chimney foundation has a few branches that hang over the top of the chimney of the applicant's house,Exhibit 3. Removal is planned for landscaping purposes. The applicant stated in her application that she plans to re-landscape with more appropriate plantings; however, she has not provided a landscape plan for new plantings. A Magnolia tree was planted in 1999 in anticipation of removal of the Birch and Larch. Both trees appear fairly young, growing vertically (the Larch has a slight curved lean), both trees have good crowns and do not seem to be a hazard to either the applicant's or neighbors homes, Exhibits 3 and 4. Neither tree meets the criteria of a hazard tree that states that "a hazard tree is a tree that is cracked, split, leaning or physically damaged to the degree that it is clear it is likely to fall and injure persons or property." The Birch may have some type of disease or rot at the base of the trunk. An arborist review would establish if the tree were diseased and should be removed. Staff found no evidence of any damage to the dwelling foundation by either tree, Exhibit 3. Staff believes that pruning could alleviate problems of limbs hanging over the roofs and chimney. LU 00-0074 Page 3 of 5 The neighbors state that the majority of the trees in this neighborhood are estimated to be between 10-15 years old and stand close to the dwellings on the • small 5,000 square foot or less lots. They were planted when the sub-division was developed in the late 1980's. "(b) Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks." The applicant states that removal of the trees will not have a negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. Staff agrees with the applicant that both trees could comply with the criteria of this section of the Code if they were approved for removal. "(c) Removal of the tree will not have a significant negative impact on the character, aesthetics, or property values of the neighborhood. The City may grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. In making this determination, the City may consider alternative site plans or placement of structures or alternative landscaping • designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Lake Oswego Code. " The applicant states that both trees were planted too close the structure, have out grown their "habitat" and will not have a significant negative impact on the character, aesthetics, or property values of the neighborhood. The neighbors disagree with this statement suggesting that the "beautiful trees fit the landscape of our neighborhood", Exhibit 5. Staff visited the site and drove around the neighborhood looking for similar situations to the applicants with trees growing close to the house. Staff found many homes surrounded by the same age as the applicant's trees located within a few feet of the homes. The close proximity of trees to structures is commonplace throughout the neighborhood. If all property owners within the neighborhood with trees as close to their homes came in for tree removal permits, then the majority of the neighborhood might be cleared of trees. Staff finds that removal of the Larch on the applicant's property will leave a large opening in the front yard as seen in Exhibits 3 and 4. Staff recommends that this tree not be removed, but selectively pruned instead, especially those few branches that hang over the chimney opening. • LU 00-0074 Page 4 of 5 "(d) Removal of the tree is not for the sole purpose of providing or • enhancing views." Removal of either tree would not enhance the view of this property as the trees do not cover windows that look out across the street. "(e) The City shall require the applicant to mitigate for the removal of each tree pursuant to LOC 55.02.084. Such mitigation requirements shall be a condition of approval of the permit." As per Code staff would require mitigation of two 2" caliper deciduous tree (measured just above the root ball on the tree) or 6 — 8 foot tall conifers (excluding the leader) to be planted if the trees were approved for removal. IV. CONCLUSION Based upon the information submitted by the applicant presented in this report, staff would find that the application would not meet the tree removal criteria in LOC 55.02.080 (2). Following receipt of additional evidence given before the Development Review Commission, staff would present additional findings and recommendation for action on this case. 11111 EXHIBITS, 1. Tax Map 2. Site Plan 3. Photographs 4. Type II Tree Removal Application, TC 00-0328 5. Letter and photograph from Dr. S. Diane Nofs and Donovan C. Snyder, dated July 31, 2000 6. Oversize Photograph of the Larch. Not included in this report • 1:Sandy_UCases/LU 00-0074/LU 00-0074Report LU 00-0074 Page 5 of 5 ': . R. 1E_ W.M. , 4 1S 1E 32DB -_� ::r ,° & INDEX t �(P� PORTLAND P o LADE OSWEGO B • PS en • 4s.69 },.. • b , &2OAKCREEK EVA // //2 L. /� +64s 1/16 COR �°C�///////i///// _, ST, a � + a m — rr -``" ; COMMON'PROP. • 3 ser:r3s�e 1200 me •• t• ;'` 600 �� 800 900 so, s491� 100 CANCELLED NO. Y, 500 ��(P s 1000R I oo 9 . 40 4i NOT USED `�Q 700 70 s>�tr3 �► NOT USED 1 C'' 8 ria9.4z 31 .4. r sa 2 3 4 5 so 6 33AY 7 77.`� y',.A�'lgyM1 s3,48' ,, !..., • i4�, DI �. yy. 46 ORIOLE � ti 4900 se9"' LN. o '' 1300 1! ct n.1r , z3. e f 461s T3.M t$� 10e3.or �' 5000 e ' 23'ep 48 I 2��r 4 o = 11 1n 1 00 4700 �iQ9� f 1400 44 a 6673' t� , ! • . 00 e I I P (� 5 ea �,� 2 �--_�'__ ' 1500 /: 00 , = s 900 4000 4100 6�� 430 12 • /� i , 1 z SEE CS S 6 1600 46 i 6 46739 Z„- 4200 • 10 9 8 7 6s.a 13 t ,0 4 23.44 46.16' 46.,s 461s z3.oa �q. i :•,' //////////// 3800 - — '� 1700 S 47285 PHEASANT RUN cOMMO34 PROP ' 14 1! es g �� f, .....4„. x '� ?� ! ,,q?�of 7137 1F 67.sa 2 4s.ir ..J\ . �1' >4 ^ . 3700 E R 3600 ,, 3500 _ -0 1800 f; F. l0,.,� 15 sa 1► JRIOL, ' * . °�'a7� 67sa 7a 3 m 4+ '� A 3200 A 3300 = 1900 1! '33 27 ?.,: k., 6FI " 3400 �, f, 4b 4 16 `p.5tl,' ``Fi0 Av., to a rp 78 n4 1 0 1 80.10 .s�TE l' f.,` 211 93a soil,5 44.1 ''q/ 'P d li `by. ,26 25 L - �. 172000 "41 )0 <0 44, 24 � ' o h swtr3r o & ,,. vv. • 53.44' 4, `o,Ary��: `��2709 0 23 b.s9 vs. sos* 21 17sr199 .. 19 -�,no.,4n1<> d d' • o 22 ' esi A ; en -.` z ir.N C ' 7 v P a� $ 2200 $ 131� ul r �. t6 3yp(y z N i ^ 6Y N f h N . 4" a Cow r39fp 4S3$' 3134 1 9v1314 0. !a li - 214''' 7800 1' SEEE 1 f' cO►a1o,4 Ps1oP. v,,, ATAP is �`� /! :417M 1E 32D 9 p• f, 0 s>,yl% mar 1. ,/i �' 1, 6 P 4114 t s 7700 '��''�'�� va ;, EXHIBIT 1 1� LU 00-0074 a [� • A is �f: li ,..., 8 1 6U pen „'1 4.. 4 14 001 -• l . . . n . • • -; -- - - . f 'r+-t-_Mr 'i" . . 1-I Ljj _ 1 1 I I1 -. --- - - - - - --- ---_.. ._... 1 .._ - . - + I — , -._.. I _ • • -I--' - - -- -• Qr2ro1�� • C • jjj 6 ro- - `/1 j N , T _. ��. , - - ! c`la _ . . �1 ;�— — may j -,-7 2 •-_ ( • I - _ ----t - ram ..-o"...-�-\�` ����,- .— ---- - -r-- - '- ---r- • • 0 tLct . • 72: 2?I .. /` ,. ooa ® p0002304 (1200x1792x24b jpe=- Vie.: •- ' 4 • i<a _ N 1 {,� Oli-i _1 -,-1' •y 11�•. Y" �1• i -' !*.l• _•_ - cif .., •c . ,,,,,,...t •. ..... .,._ - _ ,. =;., ,__ -:- .--- ...i;.,.. '!\r�• -._tf ,00„_ ' a +, i' sty a{ {. ••,. ,- '-ce:t,••#,I... 4‘1417,rAdii" : • :.,itklicit 4.: . ' ..... .t.., :',41,,,......,ret....vid*:,` . ,,,,r .:. ,_... .a. i,..•i . .,. ...,. ...-..,s ..,•,.. ,...„. • y , „.....--,..:._ ...., • .*••. i... „„.,.„ . ,.. _.,..„;:airt-1, -.4. ...t. • .. .,,, 17,-,.:..-...7,_:,..,,, . ..._,i,, _ .. A. .fro-,r-it,,,,:- .. ;,... „. .. .• . . .:.sr_..4r,,,,-.;,,,,..i.....,..,„. . S..,-;(40. 4 1� • + • • ; _J ' S ^! ems - 4. .104 - - Z .u•'�t> -i t 1,,, ..;r�!' ,fit 1` : i•�,, 0limlik, i • • - -4- - „„ :4..• :1 • .; : ,,, ,,,, t; .,-*I.,,,-..ii. 4..•,E.i „1,,,..... .• .... -,- ..; • • i • * .i.: . -ri.--i'''..... lb.,,w, vi 1110 0 •t,' --e::',_31t 44.e. . R • 1,.:;.. , 4. • • • �fG4 i• .'-`'• lY ..fit � , 1 Ill .. ..... •::7,?...„,:zs ....." ••-�-� s1�,f a .- i. -ply • •. 4 jt 4. ._.,,.,r.... . . ..,.... ..,, A... . ...„.„.... ii f `i.,..., . .t ., • ' „,, ii,,, i, --� 1. . , ::., .4 • . t r • ter'•. R 1 t -A-• . T ' 's 5 T. F • 1. The Birch is located on the left, EXHIBIT 3 the Larch in the center of the LU 00-0074 photograph 5- pa 5 e s 00?) • • f cA • p0002476.jpg (1200x1792x24b )peg) t • I i r A.z W • , rE4i. , .., ..„. ....„,....,. ,..,_ ..„, .14, va: T.:. 4',-"' ' f4=ii',rott„.-,4.„ '''',-P--,,- ' / , _-:•=4,1,,,o' ... • ` r A 7 "-'Ya47 i 141. ��, j i ff£` r x r o-: - L'x,, ' .-t w -t ..� r tn ( jl F' - ,P _..—_,,,,,,,,„. ,v4 rr r . .r' �n -! 't g - at c to :'� . + • 0 ... . 2. Base of Larch with tree application on ground indicating the closeness of the tree to the house. No cracks in the foundation. 0�5 0 Dlo S p0002479.jpg (1200x1792x24b jpeg) i :f ..,1•-... by .is , • - • . . f 1 « ' 1. z•-PI: s,• „• � i •- "�. A t • • ,yam, 4, . 6i a - i " N• r- s a r-_ .-:, _ , ... 44401;' * cam- . 1 ! 'I 1 a •.r , ; _ .A. ,....•‘... . t . ... . - - • s s �€ ` f_ 111 1. • ----., . 7 il • .tt • "'' ..:.1.. IP'.Lajoi re 44 0 1 „ 1 7_':- i • w t • •' 44 ' . ' .i- or .-' •..: _ , �i� x. t ' ♦ r ? - _, 1 .0., - __ ,, ititi. , :• , -: ¢ !* •f lir - �r `Jib 4 3 ' t t 1�ir,+y' • r -f. et + " ( • t �� f 1 : is i r •`1-`••� • • i s • - Vj p. 1 ,...No, ..-1.se -..„, 4F 41-3, tok 41 10. 1.*.; •= a•. aa. - • g S ' 3. Looking up through the Larch adjacent to the chimney. A few branches overhang the roof and - • chimney. 0 Cr - • • p0� � . • , p0002478.jpg (1792x1200x24b jpeg) L 4111;Si • ; fir, -r • • • ate A . ..led'''.i• .. Egli t '4tite,., .0 .§ept,k S, V.4.4-.... ., , •„ , 4. c2 _ ......44, ` .. ,.}c'4`kS t'. 1� .a P=,f�d ar f i r 4t-hr� t.�k ,s. s ' . ;y • `yq `3` n :f r , r �� y.,, +t'V' f - r -t' Yt` -•s`�. ° -4- r a'', vR' _• • •• I. `.F �c -- f a'-�f - -.� yy i' 'Ci n-r,- ems. r x k,G �+yK> "7r� Y r;. r,:kJ' >. SL• r+"5 ' id a ^' -" Ey�'q''ro} -, "R it-- �o t 114` ate. y' a ` 4 ••'..--:2:".:1:•.-Z':-;.-."*.K.---•?`•- :: - - ' " •'-' " _ 4 _ 4. Base of the Birch with the applicant's tree removal application on the ground next to it for measurement purposes. The base may have rot or disease. III • , • did Il • p0002303 (1792x1200x24b jpeg) . - • • .. . ... ... - • • .. : . • .r ' - ... • . -• • • ••••-• - :'," .„ 4 . ... . „, - . • : • . • . • A • ../ •...: ..I. .it1'.'.... .t ',•41 ...'._,:`, • •.••.- • • ... • ' : • • ..il• .. ..74..' ... -... . -'4.6..-'' • ,• .., '-' . •.'. • , . ..:.. • rie. • • . . . •.'....*.l' .;\ :•- •S.;...i•Z,::$.`-',':14f-k4.1:4: • ..1--.4-;-.-. ' '.. • -''1' :-'',••••i •.,r••••,.;,,': 1;45'•.1,r4-1-.1--'_.,;::-..1;.f.-.-:-.''''.A.'4'••-. : . -,-- •,-.'...4.1.11K,_f.',....,..:.,...-.,..T.,:fi,.. 0.,.. ..,..,(•;-...,_ .•:/:..1'-%--.........,"'•";L.-, '-.- - • . - 1 . -1.,'-'-,•;:vir..)-P -.'•----- s. . -:., •:. , . _ .. • . "...-.; :.- -4,-,s ..:‘.4401'..-:.ritia,:.''.',,,,,,,..--.-,.1.:.•-...... :1,.-- *....-" .1.%-... . -%„ -;... - .. c .:; - .7•:.--r.•.: .-:..,... ' •-- -Itlilritili4-4$- "% . - V • • .-7":•••• ".,..•-•..t.'`.""•*, . —...'-''.!' r' , • ilirid-r. ...... . III . - ' "' . tit'4.,....,;ev.;-- .."41, ' .7 nhiji,2--1..f:-,,i-.-..1.:--:=5- , ,it . . • •• .1 . . • ' -•-•- -I ..--1' .1.4.''i...*.t .7,.. , ' ...;:.!. ' t l' • . . . •••••‘,14.•47 ..:. ti . e: ,-4... -- ,4,...•. ,..;-.0-.1-7.1k•Oe - ,..,% . It/I •,•• 40- ' - 'n- '''''. 1:-. . ..1'. ....•el-VA:‘:::' - .1.•• • ...,./' .7.'r4 ;:.7.-- ••-I. -.0-1-P• ,k.• • • •'1,0 4 ..."firci;:v 7-- t,11,..0' 6 , ..;•.4-. • - •,. .- - ' - - VI , •-;•-• : I% ZIP . . , ..,... 1-14'-•k-i:.:... ..4 - -.• .,..L, • '... ••• __•...14,...-j - -.N..",-f e • •. ,,,.•.--.1--:„.41.11-" I • , T,‘,..`.r,'. .•,'".:"-. ' . . a....':-4.-""lfr • . •,- ,-7i'-.40r.---1 '..-.-. ..• . -AV- A; 4! 1 r •, ,. , _, yelae.%. . ... ,,,."A.. , r,".. , e r -7. . ..: .."iii:: --, ,7:7.. .'I.:I.:::.^:., '.. - 1,•:..1...7ty ... .,, .....-• . •,: r,..#..iiii.. ‘ e,-.- -..-,....-riff.:::---- . - ....,t .::': ••••T: '" . .„..4•,...-177', ' -,• '.. ...- ii ( - • etc.> '.. '........ . • ,. -' '• . .tir .7 42 ...*,-,Zi..,:"L-Ni.ii,',7. • -.. ,--. s 4 fli-*- .41!,-...V'":-'.-•* ',....,krl.'.'•-- .• - .--. ..; , "i .• ••• -. ‘, ._....... :. *;--;-._: : ',;:,' .,-if:,.--'.•'-, - . .t. ' ' J- •. - - . ,,-? ... Nip. 0 t 1 . .;.-- it,. . r •:3'• • .f......,...5.-'1,--.•.i:.4.''..,-...-::.-::_......" .... . . ' ,„.. ,.. 1 , ,,, ..• . ok.. g 5. Looking up through the Birch with its proximity to both houses. 1 0 1 • . 0 i I oca /)( °�,o,.,,R��w,� Tree Removal Permit No. Te, -o ns 111 Fee: t20= Ivy Application Receipt No.. / 96f ate. Date: 7fici/00 Applicant: t-- 51 Phone: (0 Address of Tree Removal: 4,e D r)s LJiXi— (J_ l7� Property Owner: L-0 /l i2— Phone: 10 ' Address to Send Permit: 4--g I ri cr& City: aw-ed) State: 672, Zip: /• � — Size, Number and Type o ,Trees tube Removed: ez..5 . .A A-- 11 e i h o- ,�e .t� — U��. i S Reason for Removal: av ('� `To h�u ( / ( 5,-1 ✓f k4. 40_4r .—r!�c r.ti (-Opt U tut;; _or I agree to comply WithO�O Lakeswego ( de hapter 55, regarding tr a removal. I grant peanission to thJt cru City of Lake Oswego for employees to enter the above property to inspect the trees requested for removal and investigate any trees that may appear to have been already unlawfully removed. • Signature of Property Owner(required) Signature of Applicant (if different) The City must sign for trees located on public property including rights of way Tie a ribbon around the tree(s) and restrain your dog on inspection day. Trees that are not marked cannot be reviewed. Permit Type (Fill out with City Staff) TYPE I Submit: (1)Removal site plan TYPE II Submit: (1)Removal site plan, (2)Questionnaire or Hazard Evaluation,(3) Mitigation plan To Do: (1)Mark trees with yellow ribbon, (2)Post sign, (3)File Certification Form Wait: 14 days until the comment period is complete, if no hearing requests are filed,and the City approves the permit,the permit will be sent to the address listed above. You will be contacted if a hearing has been requested. El EMERGENCY Submit: (1)Removal site plan,(2)Photograph of tree/or mark tree with yellow ribbon ❑ VERIFICATION Submit: (1) Removal plan,(2)Mitigation plan, if required (Prior approval) To Do: (1)Mark trees with yellow ribbon,(2)Stake building envelope&driveways ❑ OTHER City Staff to Fill Out: It Est r3 Z DE [/ j Intake Staffxe-ir Zone_ Tax ID Due Date itir6t 3 2 t e.g.(R21E08CR7..9O Planning or Building File # Mitigation Plan ApnrovQd/Denied EXHIBIT 4 LU 00-0074 RemovartfApproved/Deni$d Decisio. 3 P a 5 cs Revised March.2000 I:\formslapplctns\Tree Permit Application.doc DE TREE REMOVAL QUESTIONNAIRE For a hazard tree, please use the "Hazard Evaluation Form" • The City's Tree Code discourages the removal of trees because they are a valuable community resource that contribute significantly to Lake Oswego's quality of life. The City's Tree Code requires a Type II permit for the following situations: • Removal of a tree on a residential property (that is occupied by a single family dwelling) that is larger than 10" in diameter or more than two trees in one year that are 5"or greater in diameter. • Removal of any tree(s)that is 5" or greater in diameter on a non-single family residential property or any vacant site. A Type II permit may only be approved if you can demonstrate through the required application materials that all of the following criteria are satisfied. Please be as thorough as possible with your answers, as a simple yes or no response is not adequate. Please answer the following auestions: 1. Is the removal of the tree(s) for purposes of landscaping or constructing a development that i approved or allowed by applicable development regulations? No, 1)w'( S�- �., -; +' -k-t- .s - mob/ �e..�-t,�F L. 2. Will removal of the tree(s) have a significant negative impact on erosion, soil stability, flow of surface waters, protection Jofadjacent trees, or existing windbreaks? Kic., • IZ�- t 1 r`-t- t - - G�6 ��2 l ) v I e-�te' r I, L�� 1�6_LL -1` 1"- et_ f- 4 4-EL, , j �\ 1 I 3. Will removal of the tree(s)have a significant negative impact on the character, aesthetics, or property values of the neighborhood? No , St, p,(1 ovt_r 4. Is removal of the tree(s) for the sole purpose of providing or enhancing views? .k)Lc -a-Let= _ I I R O V ev,:5 6-:-- The City may approve a tree removal request if it is demonstrated that no reasonable alternative exists in order to allow the property to be used as permitted in the zone. In making this determination, the City may require alternative site plans or placement of structures or alternative landscaping • designs that would lessen the impact on trees. Mitigation for the removal of each tree is required as a condition of approval of a permit, if approved. 0' 4 at,. (Ar. �'`).A., City of Lake Oswego AilfPUBLIC NOTICE ._,) Pending Tree Cutting Permit Name of applicant L&-t S itL.L`Z.v`F _ Tree Permit No. I ( Q7 —Q?Z9, PUBLIC NOTICE TO OWNERS WITHIN 300 FEET OF PROPOSED TREE REMOVAL SITE I. h Lt F . tc—c, '_-___- do certify that I am, or I represent, the party requesting a print your name /, f permit to cut . - trees on property located at `7L ( e l L`—t .: /--t_ , L� L e=% CI"(-,-.� number address or location ' J Pursuant to LOC 55.02.082, this notice has been prepared to notify the neighborhood association and 0 property owners within 300 feet of the site of the pending removal. I will mark the proposed trees with yellow tagging tape and post a public notice sign on the subject property prior to your receipt of this notice. If you wish to request a public hearing on this proposed tree removal, you may do so b% submitting your request in writing, along with the applicable filing fee, to the City Recorder's Office within 14 days of the date of this notice. I understand that I am responsible for maintaining the notice and marking during the entire 14 day comment period. ( I !l4z v-,'z Signature /A��, Notice Date: 1-v1,/ 1 ZG>�U Neighborhood Association: rl�tfi ?ark Map& Tax Lot: RUG 3ZP1. W.00 REMINDER: A tree cutting permit is required to remove trees larger than 5 inches in diameter. Topping trees is prohibited in the City of Lake Oswego. Revised Feb.2000 !:\forms\applctns\tree permit apps\public notice letter.doc 4 015 all() • • 7 clafft4-12 ieg p 774.0-,./1 / ' .i.; c_5--5,_ce,„,,,,, ___ _,-, '/(0:4 ce c-.;,i,..4474??••:'P"4 i"6 21 //te- C' i, 4'; r ' ? 9 ,Ls/L 0 (Y:',/irs-iiii 0 c4/-7`-kitty' Lie a Z(10 0/-(_. 4 _ E.g AP ac.t'rt°1-I-a, 5/f D/1.44--4 60 _Q�/cam o,,-cc.y, • r-�,•L y70:�S f�G�.C_ UG�-c, . .,1_2_"„cp ‘ vii; e,,ciy 7_ C7i,,,,,,4_, q_.7 I. (.: 0/1,a( 4 "---;-. l-t.e.9,-,k7),,,,,_<_0,_ ,,,,,,e,_ ,,,., 7 a 7` � c.'� irZ cuc1, �' 7 Z .C.b`'rJj(2 ?DES r cj`U (�t/�,{ .E C` �j � fit' �� c r�e, .�,f',�,d- c�<c�b �q�� � c � c.c.( ,, (c-C�GvS c. cs r ;. �'3� c X -' fil` 4,Y.0,< ,+if �5e��17 �� &`Z, ,v�/sr �ci��,y3:yZca( /1 C � //�-LC'd'J2/ {�e •.� G / rj,z."...„ ge-t...t.,e„, f ri s vii---1-e /1447.., , .6.24A_ 4:_z_tar,-cztA,js ;0_,,, . _. _..c. „L.2 ,,e;er, .,,,,_/:, ".....2.L... o s: :?(_7.,,„4„/14.h.4 42-r 41-i , •L. ,--:4.-coe.-ed:{4 iLD" ,.4,__?4,97,t7i.ect./ ,7, c.)..,v .0..,ze..7 C . j-C-t-14:1 cc,c-'<ii.-aci, • ,--•a CA-ea_ a...— e_.4.4)/. (c7--<......_ / V/2. h c-C 4 G�--r-?4 0 O t _ /! l.c`i" t n t t,�,, .y- l Z (?v fr7C)urJ� Vu J�j n( . o �a C-fv,0 V14 ri>.,may --C1 c ,.A_6N kS,,,,,4_,er_A4.,-‘4,,..1.02Z0 j.-Jc-:7 7 7 ZGl 77..5 �q[Jr�-1 �Jc5 � 1 rzL C ,� j f J' t>'' -C�_ ✓lti _ ea LvCL4' -2 `y L7`!` f/cLttit lr0 1 `C i QJ''/t t v2i I.fZ ,yj t n `itr r 64L-4 Out/,,ri0 u} 0+t•`/L -C/'4 6r7 C cam_ /j. ,, f� ' rru c-lr,„ 1fj ?) C µt u"o ul ' /i 2t / __/ x r _ 7;,. .- r~!d `.." r � f//Ci /fT r�a�P' a.," �'i� L. V':.C.�n vL p�f, 1 .b, Q�� 1� { ^G tom~ .;- 055 I'r� ��'� /o phi rS' ovn { c. �h t�wL �L� r s � -"IT Q-L �i* /�Q L1,1-Z /S'licZ-/r G� ���� `/.r CYt,� ` �r�x,' (1(/i.� /r'fr�7,��`�� _S ''--� � 6rx C'9- l,free l °" r�Z,a6q., h- `i' 721— �d�rJ'` ^C 'l �1SgL1{ '1 /c :�tis/y'"'�► O-� f �L- .C_ t-G2�l � X (�O o-0�jr:-.y � // ��j i f cr� w+.t CO �� • , G- ��'� v-a<1/al . � - -c.cs�r�cr<t 4u C1C t,� lb rti 2 z 7,�' �i L /�ry1ir J�i ��_uill EXHIBIT 5 G�Wti• C:7•4/'.-.-i -tu (�: �.;ff,Z _ � , LU 00-0074tS 4 co ( ��'ai C. ✓% aG.,J a p 9 c/U r�/��� ��/� t,,-t Oil • J tI a 0 ., 4 .je -�. : _, ra y_ _ • i.=: a 1::, .vim°+61 "``"- r. i '_ 4 r C, • • •ate • •e t . . .• 0